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2 Day 28

Griggs v. Dodge

Supreme Court of Connecticut

Decided July 1, 1805

Supreme Court of Connecticut · decided 1805-07-01

In the Court below, HP JL HIS was an action of account, demanding, “ That to “ the plaintiff the defendants render their reasonable ac- “ count, during the time that they, or either of them, joint- “ ly, or severally, have been the plaintiff’s bailiffs and recei- ■“ vers,” The declaration stated, that the plaintiff was the son, and the defendant Sarah, the wife, of Nehemiah Dodge.

Decided 1805-07-01

By the Court,Treadwell, Lt, Gov. Newberry, Austin, Allen, and Edmond, Assts. dissenting,

¶1the judgment was affirmed, (r)As to the power of limitation, there was no difference of opinion, except as to the extent to which it should be carried : whether it should be restricted to such articles as stock, cash, &c. which perish not with the using, or should comprise every description of personal property, was a subject of some doubt. The majority, however, were of opinion, that the rule must be universal; and that it must be left to the discretion of mankind, to make the application. The principal division was on the question, whether the party, in this case, had resorted to his proper remedy.

¶2 The decision was delayed, until the case of Taber v. Packwood, post, in which the principal point was the same as in this, had been ar gued.

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