Minor v. Erving's Executors

Connecticut Superior Court

Minor v. Erving's Executors

1 Kirby 158

DecidedSeptember 15, 1786

StatusPublished

This text of 1 Kirby 158 (Minor v. Erving's Executors) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minor v. Erving's Executors, 1 Kirby 158 (Colo. Ct. App. 1786).

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Opinion

By the Court.

If the betterments made by the plaintiff on the defendants’ land, were done for his benefit, and at his request (as the jury have found) he thereby became liable; and an account thereof might be charged on book, and a recovery had in this action.

As to the issue being immaterial — the allegation, that the betterments were made by the direction of the deceased (whereby he became indebted to the plaintiff) was material; and that part of the issue being found, entitles the plaintiff to a recovery.

Note.— Chief Justice Law, excused himself from judging in this case.

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By the Court.

If the betterments made by the plaintiff on the defendants’ land, were done for his benefit, and at his request (as the jury have found) he thereby became liable; and an account thereof might be charged on book, and a recovery had in this action.

As to the issue being immaterial — the allegation, that the betterments were made by the direction of the deceased (whereby he became indebted to the plaintiff) was material; and that part of the issue being found, entitles the plaintiff to a recovery.

Note.— Chief Justice Law, excused himself from judging in this case.

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Bluebook (online)

1 Kirby 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minor-v-ervings-executors-connsuperct-1786.