Rowe v. Couch

Supreme Court of Connecticut

Rowe v. Couch

1 Root 452

DecidedAugust 15, 1792

StatusPublished

This text of 1 Root 452 (Rowe v. Couch) 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

Rowe v. Couch, 1 Root 452 (Colo. 1792).

Pincite

Opinion

Judgment — That the declaration is insufficient. The receipt produced on oyer is a different receipt from that de-•dared upon as the ground of the plaintiff’s! action. A debt to Charles M’Evers is essentially different from a debt to the company of M’Evers and Seagrove. Besides, the plaintiff hath not paid his debt. Bacon’s taking the plaintiff’s farm by execution may entitle him to receive the money from the plaintiff, but hath not altered the nature of the mortgaged premises, nor in any manner paid or satisfied the plaintiff’s debt.

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Judgment — That the declaration is insufficient. The receipt produced on oyer is a different receipt from that de-•dared upon as the ground of the plaintiff’s! action. A debt to Charles M’Evers is essentially different from a debt to the company of M’Evers and Seagrove. Besides, the plaintiff hath not paid his debt. Bacon’s taking the plaintiff’s farm by execution may entitle him to receive the money from the plaintiff, but hath not altered the nature of the mortgaged premises, nor in any manner paid or satisfied the plaintiff’s debt.

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Bluebook (online)

1 Root 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rowe-v-couch-conn-1792.