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Benedict v. Nichols

Supreme Court of Connecticut

Decided July 15, 1792

Supreme Court of Connecticut · decided 1792-07-15

Action of account for sundry articles of goods, etc. which, belonged to the estate of said George deceased, of which he was bailiff and receiver from January A. D. 1784 to September A. D. 1788; to part of said articles the defendant plead that he was never bailiff and receiver, and as to the rest that he had fully accounted. Both issues were put to the jury. ■ .

Decided 1792-07-15

By the Court.

¶1That examination was officially taken and may be given in evidence, but is not to be proved by parol testimony.

¶2The plaintiffs then read that part of the examination which showed that the defendant had received the goods of the deceased and objected to reading the other part, whereby it appeared that he had accounted for them.

¶3By the Court. The whole must be taken together.

¶4The defendant finding on trial, that some of the articles charged in the declaration, to which he had plead fully accounted, never existed, he moved for liberty to alter his plea as to them, and plead that he was never bailiff and receiver.

¶5The court admitted it to be done, notwithstanding the case was on trial to the jury. See Riply v. Fitch, Windham, March Term, A. D. 1792.

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