Bacon v. Warner

Supreme Court of Connecticut

Bacon v. Warner

1 Root 349

CourtSupreme Court of Connecticut

DecidedJanuary 15, 1792

StatusPublished

Cited by2 cases

This text of 1 Root 349 (Bacon v. Warner) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bacon v. Warner, 1 Root 349 (Colo. 1792).

Pincite

Opinion

Judgment of the court — That the answer is sufficient, and that the petitioners take nothing by their petition.

First, because said debt was subject to the same equity in the hands of the assignees, the petitioners, as it was in the hands of Grey. This is a settled principle in equity; except, in favor of commerce, the case of bills of exchange and negotiable notes.

Secondly, Warner being an officer, is not liable to the petitioners in equity for money which he had not collected, on the ground of a nonfeasance, from which he was legally and fairly discharged without any fraud in him.

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Judgment of the court — That the answer is sufficient, and that the petitioners take nothing by their petition.

First, because said debt was subject to the same equity in the hands of the assignees, the petitioners, as it was in the hands of Grey. This is a settled principle in equity; except, in favor of commerce, the case of bills of exchange and negotiable notes.

Secondly, Warner being an officer, is not liable to the petitioners in equity for money which he had not collected, on the ground of a nonfeasance, from which he was legally and fairly discharged without any fraud in him.

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Bluebook (online)

1 Root 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bacon-v-warner-conn-1792.

Opinion

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