Spencer v. Usher

Decided July 1, 1805

Supreme Court of Connecticut · decided 1805-07-01

In the Court below, HP JL HIS wqs an action of account, declaring, that the plaintiff had delivered to the defendant, for collection, a promissory note, payable to Justin Worthington, and assigned to the plaintiff; and that the defendant had collected the money, but had rendered no account. On the issue of never bailiff and receiver, the jury found for the plaintiff; and the Court rendered judgment, quod comfiulet.

Decided 1805-07-01

¶1The Court unanimously affirmed the judgment.

Ells-worth, Asst,

¶2expressed a clear opinion, that the principles, oh which auditors proceed, may be inquired into, to the extent of the rule in Parker v. Avery, which settled the point with precision, and ought to be regarded as a governing *121ease. lie observed, that trials before auditors were partial-larly distinguished in this respect, that there is no court to regulate the admission of evidence, or to instruct the auditors in a point of law ; and that, of consequence, their award could not be assimilated to the verdict of a jury.