Gates v. Nobles

Supreme Court of Connecticut

Gates v. Nobles

1 Root 344

DecidedJune 15, 1795

StatusPublished

This text of 1 Root 344 (Gates v. Nobles) 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

Gates v. Nobles, 1 Root 344 (Colo. 1795).

Pincite

Opinion

Judgment — Manifest error. The court ought to have answered the plea in abatement; to say it is overruled is not any proper answer. The court ought to have answered the question put in issue by the parties, viz. Whether the evidence was sufficient or not. A person’s accepting of a written security, for a parol promise from the promisor, extinguishes the parol promise; and the plaintiff having accepted a note from one of the joint promisors, the joint promise by parol was extinguished.

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Judgment — Manifest error. The court ought to have answered the plea in abatement; to say it is overruled is not any proper answer. The court ought to have answered the question put in issue by the parties, viz. Whether the evidence was sufficient or not. A person’s accepting of a written security, for a parol promise from the promisor, extinguishes the parol promise; and the plaintiff having accepted a note from one of the joint promisors, the joint promise by parol was extinguished.

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Bluebook (online)

1 Root 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gates-v-nobles-conn-1795.