¶1The evidence is not admissible; for it would be to surprise the defendant with claims of which he has had no notice. The action in such case ought to be special, particularly pointing out the mistakes that had been made in the settlement. Kirby’s Reports, Hart v. Smith, 127.
1 Root 397
State v. Lawrence
Decided February 15, 1792
Supreme Court of Connecticut · decided 1792-02-15
<p>In a general action of indebitatus assumpsit — mistakes in settlements or other special matters, may not he given in evidence.</p>
Decided 1792-02-15