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1 Root 464

Williams v. Belden

Supreme Court of Connecticut

Decided September 15, 1792

Supreme Court of Connecticut · decided 1792-09-15

Action on note; declaring, that John Belden deceased, in and by a certain note, dated the 19th of April A. D. 1782, promised the said Othniel deceased, to pay to him the sum of £14 7s. Id. upon demand, with the lawful interest, which neither the said John, nor the defendant have ever performed, etc. Plea in bar — That on the 9th of November 1790, the Oourt of Probate made an order that six months be allowed to the creditors of said John to bring in their claims against said…

Decided 1792-09-15

By the Court.

¶1The rejoinder of the defendant is insufficient.

¶2The statute provides that any persons not being inhabitants in this state, shall have liberty to exhibit their claims against any estate that shall not be represented insolvent, at any time within two years after publication of notice to the creditors, and shall be entitled to payment out of the clear estate that shall remain after payment of those claims that were exhibited within the time limited, and the plaintiff is within the reason of the proviso in the statute.

¶3This judgment was affirmed upon a writ of error in the Supreme Court of Errors.

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