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Cook v. Atwater

Supreme Court of Connecticut

Decided July 15, 1792

Supreme Court of Connecticut · decided 1792-07-15

EbRob to reverse a judgment of a justice, in an action of indebitatus assumpsit, brought by said Atwater y. Oook and Woodruff, for thirty-seven shillings.

Decided 1792-07-15

¶1Judgment — Manifest error upon both points assigned in error; the justice ought to have decided both issues explicitly, and not by implication only. .The action is for money had and received — the plea is that the money was received on a lawful writ of execution — the reply is that it was extorted by duress, but the facts stated do not warrant the conclusion.

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