Coggeshall, Josiah Haydon

Biographical Information from the Litchfield Historical Society

http://www.litchfieldhistoricalsociety.org/ledger/students/660

Digitized Notebooks

v. 1
v. 2
v. 3
v. 4
v. 6

Death Date

1817

Notes

5 volumes of original 6; volume 5 is missing; rebound; paper boards and leather spine. Hand remains the same throughout.

Coggeshall, Josiah Haydon Notebooks

Lecture Date Lecturer Notebook Author Opening Line All terms
not applicable Coggeshall, Josiah Haydon Lectures On Law, Delivered in Litchfield, Connecticut By The Hon. Tapping Reeve And James Gould Esq. In 1809 & 1810 Transcribed by Josias H. Coggeshall Title Page, Volume 2 title page
not applicable Coggeshall, Josiah Haydon S.J.H. Reeve & Gould's Lectures. Reeve and Gould's Lectures Vol. 6th. Title Page, Volume 6 Title page
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon This is an action, founded on an express or implied contract, that one who has received property of another to account for, will render his account for it. Action of account, Volume 2 Action of account
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon This lies for the recovery of a specific personal chattel, in effect of a bill of Chancery. Action of detinue, Volume 2 Action of detinue notice & request
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Slander consists of maliciously defaming a person, first by words, written or spoken, which tend to injure him in point of personal security, connections, office, profession or interest. Private wrongs, Volume 2 Action of slander
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon for injuries to personal property. Trespass in its most extensive acceptation at common law is any transgression of law, short of treason, felony & misprision of treason & felony. Private wrongs, Volume 2 Action of trespass vi et armis
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Before an administrator is appointed, the personal property vests in the Court, which has some discretion in the selection of an administrator. Executor & Administrators, Volume 2 Appointment of administrator
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Assault is an attempt or offer to do a corporal hurt to another without touching, ex. gr. lifting a weapon or fist in a threatening manner. Private wrongs, Volume 2 Assault & battery
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon An executor is answerable to the extent of assets which are the avails of the inventory. Executor & Administrators, Volume 2 Avails of the inventory
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon If the parties subsequent to arbitrament submit, the award, when legal, is as conclusive as a judgment at law. Evidence, Volume 2 Award in arbitrament
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon An executor may have a beneficial interest in the estate, after the trusts in the will are performed. Executor & Administrators, Volume 2 Beneficial interest
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon By the English law, when more than one executor is appointed, & one refuses & the other acts, the refusing executor may, notwithstanding the refusal, come in & act when he pleases. Executor & Administrators, Volume 2 Co-executors
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon 1. Executors & Administrators, 2. Evidence, 3. Account, 4. Covenant Broken, 5. Assault & Battery, 6. Slander, 7. Trespass vi et armis for injuries to personal property, Title Page, Volume 2 Contents of volume second
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon To be constructed liberally, i.e., the meaning of the parties is to be sought without such strict adherence to positive rules as in cases of deeds or grants executed, conveying Covenants, Volume 2 Contstruction of covenants
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon When a record is completed, if any is necessary, it must be a copy of the whole. Evidence, Volume 2 Copy of records
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon In all deeds of conveyance except quit claims, there are two covenants. Covenants, Volume 2 Covenants used in conveyance
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Covenant, contracts & agreements are often used as synonymous. Covenant is a contract written & sealed; it may be by indenture or deed poll. Covenants, Volume 2 Covenants nature creation construction
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon When an executor, in case of deficiency of accounts, pays the legacies & one debt remains unpaid, he must, hard as it may seem, pay that out of his own pocket. Executor & Administrators, Volume 2 Deficiency of accounts
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon As a general rule, depositions are not evidence for or against a person. Evidence, Volume 2 Depositions
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon These are the rules which are to be observed in the construction of the English statutes of distribution. [21 hypothetical cases regarding distribution] Executor & Administrators, Volume 2 English statutes of distribution
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Evidence, according to Blackstone, is that which demonstrates, makes clear, or ascertains the truth of the very fact or point in issue, either on one side or the other. Evidence, Volume 2 Evidence
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon When the witness is not liable to any legal objection, he is first to be examined by the counsel who calls him. Evidence, Volume 2 Examination of witness
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon This subject will include in it all the estates of deceased persons of a personal nature. Executor & Administrators, Volume 2 Executors & administrators
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon The first duty of an executor or administrator is to make out an inventory of all the estate which can be assets in his hands, & to procure an appraisal. Executor & Administrators, Volume 2 Executor's duty
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon It is a general rule in all cases of grants &c, if the condition is precedent, the grantee &c cannot take the property until the condition is performed. Executor & Administrators, Volume 2 Grants
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon A variance in a part material between the allegation in the pleading of the record, prevents the record from being any evidence at all. Evidence, Volume 2 How far a Record is evidence
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon To the rule that all interest may be released, there is an exception over when a man conveys land. Evidence, Volume 2 Interest in land
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon As the law now stands, an interest in the question does not exclude in civil cases. Evidence, Volume 2 Interest in the question
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon An interested witness in the event of a suit is admissible when his interest is counteracted by an equal or stronger interest to the contrary. Evidence, Volume 2 Interested witness
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon When a legacy is given in general terms (as in "all my personal estate") Executor & Administrators, Volume 2 Legacies
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon This action is to recover damages against one who has prepared an indictment or other prosecution or brought an act against plaintiff from a corrupt motive, i.e., malice Private wrongs, Volume 2 Malicious prosecution
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon A public act is not properly the subject of proof, for it is the law of the land generally. Evidence, Volume 2 Method of proving legistlative acts
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Beasts, goods or chattels wrongfully detained to be replevied by writ or plaint. Private wrongs, Volume 2 New York statute of replevin summary
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon There is one species of the husband's personal property which is governed by distinct laws. This is the paraphernalia which is said to belong to the wife. Executor & Administrators, Volume 2 Paraphernalia
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon When a man directs that all his debts shall be paid, it is now settled that an executor is bound to pay all debts barred by the Statute of Limitations, for they are in the nature of legacies. Executor & Administrators, Volume 2 Payment of debts
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Of persons incompetent by infancy or character. Some are entirely incompetent, others more or less credible. Evidence, Volume 2 Persons incompetent by infamy
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon The declaration in covenant should always state that the covenant was by Deed. Covenants, Volume 2 Pleadings in covenant broken
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon There is one species of personal property which hitherto I omitted over which the power of the testator is different from that which he possesses to dispose of his personal property. Executor & Administrators, Volume 2 Power of the testator
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon In England, replevin is a redelivery to the owner by legal process of cattle or goods distrained for any cause on security given to try the right & deliver if judgment be against him. Private wrongs, Volume 2 Replevin
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon When suit is brought in the ecclesiastical courts or chancery, it must be for the legacy itself & not for the promise. Executor & Administrators, Volume 2 Suit in ecclesiastical courts
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Every unlawful restraint of one's liberty or rather, every violation of one's right of locomotion is false imprisonment, ex. gr. illegal confinement in a private house, street &c. Private wrongs, Volume 2 Trespass for false imprisonment
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Trover originally lay only in cases where one found & refused to deliver on demand, but converted them. Hence called trover & conversion. Private wrongs, Volume 2 Trover
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon As almost every one may be an executor, it may be better to consider who is excluded from being an executor. Executor & Administrators, Volume 2 Who may be executors
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon The right of the wife to the personal property of her deceased husband is secondary. Executor & Administrators, Volume 2 Wife's right to property
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon The executor has the will for his guide, this is his law. Executor & Administrators, Volume 2 Will as guide
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Vide 2 volume. The action of debt is an action founded on an express contract in which the certainty of the sum appears Action for debt, Volume 3 Action of debt
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon It seems to have been a principle of the English law that no action to recover is maintainable against a person who has committed a felony, as if that person should steal another's house. Contracts, Volume 3 Action to recover
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon The action of debt likewise is the proper action to recover money out of an officer, who has collected it for the plaintiff. Action for debt, Volume 3 Action to recover money
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon The general rule as to who may bring this action, is that the person to whom the promise is made & he only can bring it. Contracts, Volume 3 Assumpsit
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon There are certain things declared to be unreasonable. Award, Volume 3 Award must be reasonable
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon This lecture is designed to give you a general view of the subject. Old rules, very much altered, vide 1 Burn 274 Lord Mansfield's opinion on the constitution of awards. Award, Volume 3 Awards general view
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon The old rule used to be to obscure the technical niceties. Award, Volume 3 Awards old rule
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon In certain cases, the bailee has a lien on the goods against the bailor, tho' not all. Bailments, Volume 3 Bailee's lien
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Bailment is a delivery of goods upon a contract, express or implied, that they shall be restored to the bailor or according to his direction, when the purpose for which they are Bailments, Volume 3 Bailment
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon There is one branch of this subject which is always considered by itself, that of Bailment & therefore is omitted in this title. Contracts, Volume 3 Bailments omitted from contracts
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Cases of real bona fide hazard going to the principal are out of the statute. With respect to what it is, & what is not hazard, this is left to the judgment of the triers. Contracts, Volume 3 Bona fide hazard
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon I shall in this lecture consider that qualification of a contract, denominated its "Consideration." Contracts, Volume 3 Consideration
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon The construction now is to give them support if possible. Award, Volume 3 Construction of awards
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon A contract is an agreement upon sufficient consideration, to do or not to do a particular thing; or, it is a transaction in which each party comes under an obligation to the other Contracts, Volume 3 Contracts definition
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Conveyance to a stranger then is a fraudulent conveyance & even a conveyance to a third person to pay debts would not be good against creditors. Contracts, Volume 3 Conveyance to a stranger
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon In the case of covenants, if B lessee assigns to C, & A accepts rent of C, he, A, may still maintain an action of covenant broken. Covenants, Volume 3 Covenant broken
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon It is frequently laid down in the elementary writers that covenants, or bonds with consideration (which amount to the same thing) to do a thing which becomes impossible, Covenants, Volume 3 Covenants
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon There is likewise an action of debt founded on judgment. Action for debt, Volume 3 Debt
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon I wish to present to you, all the different modes of pleading as a matter of defence. Award, Volume 3 Different modes of pleading
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon A factor or broker is an agent, who is commissioned by a merchant or other person to sell goods for him & to receive the produce. Factors/agency, Volume 3 Factors & brokers
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Fraud in the execution of a contract renders it void at law. Contracts, Volume 3 Fraud
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon What is received as the law on this subject in England is the law here, because our decisions have corresponded with theirs. Contracts, Volume 3 Fraud in sale
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon My principal object will be to tr eat of fraudulent conveyances as they respect creditors, taking into view the statute 13 Elizabeth adopted in all the States. Contracts, Volume 3 Fraudulent conveyances
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Further with regard to inevitable accidents, if the common carrier should be under the necessity of destroying the goods himself, the necessity being imposed by the act of God, Bailments, Volume 3 Inevitable accidents
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon A delivery of goods to an Innkeeper seems to follow most properly under the general head of the fifth kind of bailment. Bailments, Volume 3 Innkeepers
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon If a contract of any kind is joint, whether it is a bond or covenant, Contracts, Volume 3 Joint contract
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon It is a governing principle in the law of tender, that whoever tenders money receives the same advantage as if he had paid it. Contracts, Volume 3 Law of tender
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Bailment of the third kind is lending & hiring which is a delivery of goods to be used by the bailee for a reward to be paid to the bailor. Bailments, Volume 3 Lending & hiring
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon The fifth class is a delivery of goods to the bailee to be carried or for some other act tot be done with them for a reward to be paid by the bailor. Bailments, Volume 3 Locatio operis mercium vehendarum
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Yesterday I observed that I conceived the law is, that whenever there is an award made, & that award is good in point of law, it is a bar to the old original cause of action. Award, Volume 3 Making an award
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Those marriage settlements are good in some other cases. Contracts, Volume 3 Marriage settlements
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon This is a defence against contracts. Contracts, Volume 3 Minority or infancy
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon There is a class of cases where both are ignorant of the mistake & yet the contract will stand. Contracts, Volume 3 Mistakes in contracts
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Sometimes taking a new obligation will purge the usury contained in the old one. Contracts, Volume 3 New obligation
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon These do not bind, for it is an universal rule, that the subject of every contract must be lawful, or the contract is not binding. Contracts, Volume 3 Of contracts unlawful
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Part performance on one part induces a Court of Chancery to decree a specific performance of the contract. Contracts, Volume 3 Part performance of contract
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon By past consideration is meant a promise to pay for services that have been rendered. Contracts, Volume 3 Past consideration
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Lord Holt observed that the distinction which obtains in the case of pawns apply to the case of goods found. Bailments, Volume 3 Pawns
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Where a performance different from the award is accepted, you plead performance. Award, Volume 3 Performance
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon In this case, the arbitrators directed that the release should be executed by each party Award, Volume 3 Power reserved by arbitrators
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon There is one contract which is illegal about which there is something peculiar. The laying restrictions upon certain trades, as when a man contracts not to pursue his trade. Contracts, Volume 3 Restrictions on certain trades
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Some observations with respect to sales at Auctions. Contracts, Volume 3 Sales at auctions
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon First class. Depositum. This is a delivery of goods by one person to another to be kept by the bailee for the benefit of the bailor gratuitously. Bailments, Volume 3 Several kinds of bailment
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon The first branch of the statute relates to executors & administrators. Contracts, Volume 3 Statute of frauds
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon I shall in this lecture give you a general view of the Statute of frauds & perjuries Contracts, Volume 3 Statute of frauds & perjuries
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Tender is an offer to pay a debt or perform a duty. Contracts, Volume 3 Tender
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Tender to an assignee is good, though he has only the equitable property Contracts, Volume 3 Tender to assignee
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon There must be a corrupt agreement between the parties to constitute usury. Contracts, Volume 3 Usury
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Of those contracts which are void for want of a correct understanding of the parties. We have laid it down, & I suppose correctly, that the contracts of idiots & lunatics are void. Contracts, Volume 3 Voidable contracts
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon I suppose now a case of voluntary settlement which is good against everybody. Contracts, Volume 3 Voluntary settlement
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon A few observations with respect to the qualifications of arbitrators. Award, Volume 3 Who may be an arbitrator
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon On the introduction of the feudal system, there was a restraint on alienation. Real property & mortgages, Volume 4 Alienation of real property by deed
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon A knowledge of the English statute of distribution of personal property will teach the doctrine of descent in the U. States. Descents, Volume 4 Descents
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Title to things real by purchase. A devise is a mode of alienation & may be defined to be a testamentary disposition of real property or a disposition of real property to take effect Devises, Volume 4 Devises
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Estates in fee simple; for life; in dower, by curtesy. How created, its qualities & accounting. Formerly, words of perpetuity were used--to him & his heirs forever. Real property & mortgages, Volume 4 Different kinds of estates
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Ejectment is an action by which a lessee for years, when ousted of his term, recovers it from the wrongdoer together with damages. Ejectment, Volume 4 Ejectment & ouster
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Tis a general rule that if a greater & a lesser estate meet in the same person without any intervening estate, the lesser is annihilated. Real property & mortgages, Volume 4 Espectancies
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Estates at sufferance differ nothing from those at will, only that one is an implied & the other an express permission. Real property & mortgages, Volume 4 Estates at sufferance
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon These are dissoluble at pleasure of either party. Real property & mortgages, Volume 4 Estates at will
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon An estate by dower is an estate of real property to which the wife is entitled on the decease of her husband. Real property & mortgages, Volume 4 Estates by dower & by courtesy
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon An estate for three months is an estate for years, for it has a certain beginning & end. Real property & mortgages, Volume 4 Estates for years
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon This subject depends on a few general rules or principles. My object will be to give you an elementary treatise on it. Real property & mortgages, Volume 4 Estates in possession remainder & reversion
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon I will now consider the distinction between a condition annexed to an estate & a limitation of that estate. Real property & mortgages, Volume 4 Estates upon condition
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon An estate upon condition is one which depends upon some uncertain event, by which it may be created, enlarged or defeated. Real property & mortgages, Volume 4 Estates upon condition
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon I will now explain some maxims. First, an estate of freehold shall not be created to commence in futuro. Real property & mortgages, Volume 4 Maxims
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Mortuum vadium or dead pledge. This is an estate granted by a debtor to his creditor that if the grantor, i.e., the mortgagor, pay the debt on a certain day, he may re-enter Real property & mortgages, Volume 4 Mortgages
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon It seems well settled that in trespass qui clausum fregit, Plaintiff may join the beating of wife, servants, &c in an action per quod servitum amisit or consortium amisit. Injuries to real property, Volume 4 Pleadings in trespass
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon How will you distinguish between real & personal estate? I have seen no definition of real property that conveyed an adequate idea. Real property & mortgages, Volume 4 Real estate
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon It seems then that a contingent reversion, e.g. one to commence on the determination of a base fee, is not transferable. Real property & mortgages, Volume 4 Reversion
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Trespass in its most extensive sense means any transgression of law. But in the more limited sense, it means any forcible injury done to the person or property of another. Injuries to real property, Volume 4 Trespass to things real
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon A trust estate is liable to be charged in equity, just as real property is in law. Real property & mortgages, Volume 4 Uses & trusts; joint estates
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Waste is any spoil or destruction in houses land, trees or other heriditaments. Injuries to real property, Volume 4 Waste
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon If the waste is committed passim, the whole goes because no distinction can be made. Real property & mortgages, Volume 4 Waste to estates for life
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon It is a settled principle of the common law that you cannot make another your debtor without there is a privity of contract or a moral duty compelling you to do the thing. Bills of exchange & promissory notes, Volume 6 Acceptance for the honor of another
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon An acceptance is an agreement to pay according to its term. Bills of exchange & promissory notes, Volume 6 Acceptance of a bill
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon It is a general principle, that when a man commits an act through accident, which were it not for the idea of accident, would be criminal, he is not culpable. Public wrongs, Volume 6 Accidental acts
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Arson is the malicious, willful burning of the house or outhouses of another. Public wrongs, Volume 6 Arson
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon This subject is generally if not universally regulated by statute, of course it supersedes the application of the principles of the common law. Public wrongs, Volume 6 Bail
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon By this is meant an insurance against loss which may arise from the fraud or trick of the master or mariners, which involves in it the idea of criminality. Insurance, Volume 6 Barratry
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon A bill of exchange is an open letter of request written by one man to another, requesting him to pay a certain sum to a third person, & is generally expressed to be for value received. Bills of exchange & promissory notes, Volume 6 Bills of exchange
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon As the usage of trade determines the construction, it is absolutely necessary to have a knowledge of the usage at different places. Insurance, Volume 6 Construction of policy
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon A crime is an act committed in violation of the law of the land forbidding or commanding it. It is an injury done to the public. 4 Bl. 5, 2 Swift 291. Public wrongs, Volume 6 Criminal law
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon The declaration on a bill of exchange is less particular than common law declarations. Bills of exchange & promissory notes, Volume 6 Declaration
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Seventh difference. By the common law, when one of two joint debtors is taken in execution for the same thing, & suffered to escape, you can never take the other. Mercantile law, Volume 6 Difference from common law
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon Bills ought to be presented in due season. Bills of exchange & promissory notes, Volume 6 Duty of the holder
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon To constitute an escape, there must have been a lawful arrest. Public wrongs, Volume 6 Escapes
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon This species of homicide does not claim exemption from punishment. Public wrongs, Volume 6 Excusable homicide
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon In this case, the rule is that the insured cannot recover, unless there has been an exact & literal fulfillment of the warranty. Insurance, Volume 6 Express warranty
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon There are instances in which a person through fear of outrage may assemble his friends together. Public wrongs, Volume 6 Fear of outrage
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon There is one species of property which cannot be the subject of theft. It is those animals which are called ferae naturae. Public wrongs, Volume 6 Ferae naturae
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon This depends upon the principles of mercantile policies. Insurance, Volume 6 Insurance on lives
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon The proceedings are generally in a court of law unless there is something special in the case, which requires a court of equity. Insurance, Volume 6 Legal proceedings
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon As all libels have a tendency to disturb the public peace, they are no less libels if they do not. Public wrongs, Volume 6 Libels
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Manslaughter is the unlawful killing of another without malice. Public wrongs, Volume 6 Manslaughter
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon The mercantile law is a law applicable to transactions of a particular nature. The Law Merchant is called the custom of merchants. Mercantile law, Volume 6 Mercantile law
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon Merchants in company are individually liable for their company debts, & if one dies, the surviving party must first be sued, & if the execution is ineffectual, then & only then, the executor of the deceased may be sued for the company debts. Insurance, Volume 6 Merchants' liability
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon When a bill is paid up, it puts an end to its operation as a negotiable instrument. Bills of exchange & promissory notes, Volume 6 Negotiable instruments
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Robbing on the high seas by vessels not authorized. This crime is not punished by the common law courts, but by the admiralty courts. Public wrongs, Volume 6 Piracy rape bigamy adultery usury
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon The construction of this instrument is very important. Insurance, Volume 6 Policy of insurance
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Selling a pretended title is an offence punishable at the common law by statute. Public wrongs, Volume 6 Pretended title
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon In an action brought by the holder against the acceptor, his hand must be proved. Bills of exchange & promissory notes, Volume 6 Proof
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon There is no instance in the books in which provocation merely by words or by gestures will excuse the slayer from the imputation of an unsocial heart Public wrongs, Volume 6 Provocation
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon The former is permitted by the general mercantile law, but for political reasons prohibited by statute, 19 George 2. Insurance, Volume 6 Reassurance & double insurance
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Subornation of perjury is the procuring of another to take such an unlawful oath as constitutes perjury in the principal. Public wrongs, Volume 6 Subornation of perjury
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon A bill is drawn payable to B or order. Bills of exchange & promissory notes, Volume 6 Transfer of a bill of exchange
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon Trespass includes all offences; but it is here confined to simple trespass. Public wrongs, Volume 6 Trespass vi et armis
1809-01-01 to 1810-12-31 Reeve, Tapping Coggeshall, Josiah Haydon If the vessel was not seaworthy, it makes no matter of difference whether there was fraud or not; the fraud is not treated (Judge Reeve thinks) by law or equity as it ought to be. Insurance, Volume 6 Unseaworthiness
1809-01-01 to 1810-12-31 not identified Coggeshall, Josiah Haydon In England, it is a crime which occasions forfeiture of goods, chattels & lands. Public wrongs, Volume 6 What is felony?
1809-04-17 Gould, James Coggeshall, Josiah Haydon Law is a rule of action prescribed by some superior. Municipal law, Volume 1 Municipal law
1809-04-17 to 1810-10-10 Gould, James Coggeshall, Josiah Haydon The acts of the servant which are not done by the command of the master, express or implied, are not regularly considered as the acts of the master. Master & Servant, Volume 1 Acts of the servant
1809-04-17 to 1810-10-10 Gould, James Coggeshall, Josiah Haydon Apprentices. These constitute the second class of servants. Master & Servant, Volume 1 Apprentices
1809-04-17 to 1810-10-10 Gould, James Coggeshall, Josiah Haydon These are unknown at common law, but are created by statute in Connecticut. Master & Servant, Volume 1 Debtors assigned in service
1809-04-17 to 1810-10-10 Gould, James Coggeshall, Josiah Haydon The servant regularly is not liable for the contracts he makes for his master, because they are not made on his own account. Master & Servant, Volume 1 Liability of servant
1809-04-17 to 1810-10-10 Gould, James Coggeshall, Josiah Haydon A sheriff is liable civiliter for torts or defaults committed by his under sheriff or officer in the execution of his duty. Master & Servant, Volume 1 Liability of sheriff
1809-04-17 to 1810-10-10 Gould, James Coggeshall, Josiah Haydon It is a rule of the common law that a master cannot assign his apprentice Master & Servant, Volume 1 Master & apprentice
1809-04-17 to 1810-10-10 Gould, James Coggeshall, Josiah Haydon Slaves. It has been much doubted whether slavery has ever been authorized in Connecticut. Master & Servant, Volume 1 Master & servant Lecture 10
1809-04-17 to 1810-10-10 Gould, James Coggeshall, Josiah Haydon For injuries done to himself in relation to his servants. The master, in general, has an action against ay one who entices away his servants, in which case the "gravamen" or "gist" Master & Servant, Volume 1 Master's remedies against third persons
1809-04-17 to 1810-10-10 Gould, James Coggeshall, Josiah Haydon Menial servants. By these are meant domestic servants & are those who are supposed to be at work within the house "intra moenia." Master & Servant, Volume 1 Menial servants
1809-04-17 to 1810-10-10 not applicable Coggeshall, Josiah Haydon Lecture On Law Delivered in Litchfield Connt By The Hon. Tapping Reeve and James Gould Esq. In 1809 & 1810 Vol. I Transcribed by Josias H. Coggeshall Title Page, Volume 1 Title page
1809-04-18 Gould, James Coggeshall, Josiah Haydon We have considered general customs, we now treat of particular customs. Municipal law, Volume 1 Particular customs
1809-04-19 to 1809-04-30 Gould, James Coggeshall, Josiah Haydon In the construction of statute law, several rules & distinctions are to be observed. Municipal law, Volume 1 Construction of statute law
1809-04-19 to 1809-04-30 Gould, James Coggeshall, Josiah Haydon Written laws consist of legislative acts, said to be written, because originally set down in writing. Municipal law, Volume 1 Leges scriptae
1809-04-19 to 1809-04-30 Gould, James Coggeshall, Josiah Haydon Pleading statutes and the mode of proceeding with them. To plead a statute is to state upon the record those facts which bring the case with it. Municipal law, Volume 1 Pleading statutes
1809-04-19 to 1809-04-30 Gould, James Coggeshall, Josiah Haydon There are cases in which statutes are merely prohibiting, i.e., inflicting no punishment, but merely prohibiting the thing from being done. Municipal law, Volume 1 Prohibiting statutes
1809-04-19 to 1809-04-30 Gould, James Coggeshall, Josiah Haydon These qui tam actions are brought on some penal statutes for the purpose of enforcing some penalty. Municipal law, Volume 1 Qui tam actions
1809-04-19 to 1809-04-30 Gould, James Coggeshall, Josiah Haydon If two different statutes repugnant to each other are made on the same subject, the latter repeals the former. Municipal law, Volume 1 Repeal of laws
1809-04-19 to 1809-04-30 Gould, James Coggeshall, Josiah Haydon It is said by ancient writers & Judges that a statute contrary to reason and the Law of God is void. Municipal law, Volume 1 Voidable statutes
1809-04-30 to 1809-08-14 not identified Coggeshall, Josiah Haydon There must be an actual arrest. Bare words will not make an arrest, there must be an actual touching of the body, or what is equivalent to it. Sheriff & Gaoler, Volume 1 Arrests
1809-04-30 to 1809-08-14 not identified Coggeshall, Josiah Haydon Liability of the sheriff for the acts or defaults of his deputies. The deputy being the servant of the Sheriff, the latter is in many instances liable for his acts & defaults. Sheriff & Gaoler, Volume 1 Liability of sheriff
1809-04-30 to 1809-08-14 not identified Coggeshall, Josiah Haydon If an officer having arrested a felon suffers a negligent escape, he is guilty of a misdemeanor and punishable by fine. Sheriff & Gaoler, Volume 1 Negligent escapes
1809-04-30 to 1809-08-14 not identified Coggeshall, Josiah Haydon If a Sheriff makes a false return, he is liable to an action on the case in favor of the party injured. Sheriff & Gaoler, Volume 1 Of false returns
1809-04-30 to 1809-08-14 not identified Coggeshall, Josiah Haydon Any escape without consent of the officer is a negligent escape. Sheriff & Gaoler, Volume 1 Of negligent escapes
1809-04-30 to 1809-08-14 not identified Coggeshall, Josiah Haydon An escape is where a person being under a lawful arrest & restrained of his liberty, either forcibly or privately evades such arrest. Sheriff & Gaoler, Volume 1 Of the law of escapes
1809-04-30 to 1809-08-14 not identified Coggeshall, Josiah Haydon If a person arrested on the mesne process & not actually committed is rescued, the officer is excused, as if he sued for an escape. Sheriff & Gaoler, Volume 1 Rescues
1809-04-30 to 1809-08-14 not identified Coggeshall, Josiah Haydon Sheriff the word "Sheriff" is derived from the Saxon words "shire" and "reeve", mean the governor or keeper of the shire or community. Sheriff & Gaoler, Volume 1 Sheriffs
1809-04-30 to 1809-08-14 not identified Coggeshall, Josiah Haydon A known officer as a Sheriff, general deputy or constable, is not bound to show his writ to the defendant before he arrests his body or levies on the property. Sheriff & Gaoler, Volume 1 Showing a writ
1809-04-30 to 1809-08-14 not identified Coggeshall, Josiah Haydon The law relating to these has already been treated of in great measure under the general title of Sheriff; what has not remains now to be considered. Sheriff & Gaoler, Volume 1 Statute of gaols and gaolers
1809-05-01 to 1809-05-31 Gould, James Coggeshall, Josiah Haydon Question for discussion. Can the principal be taken by bail in New York on a bail piece issuing from Connecticut? Bailments, Volume 1 Mr. Gould's opinion on bail-piece
1809-08-15 Reeve, Tapping Coggeshall, Josiah Haydon I shall first consider the rights & duties resulting from the relation of Husband & Wife and first, This relation is considered by the common law and by our own, as a civil contract. Baron & feme, Volume 1 Baron and feme
1809-08-16 Reeve, Tapping Coggeshall, Josiah Haydon The husband has the sole usufructuary enjoyment of the wife's estate during coverture. Baron & feme, Volume 1 Of the wife's real estate of inheritance
1809-08-17 Reeve, Tapping Coggeshall, Josiah Haydon Husband and wife are jointly liable first for the wife's debts and second for the wife's torts. Baron & feme, Volume 1 Husband's liability on wife's account
1809-08-18 Reeve, Tapping Coggeshall, Josiah Haydon The wife living in adultery is bound by her own contracts. Baron & feme, Volume 1 Wife's contracts
1809-08-19 Reeve, Tapping Coggeshall, Josiah Haydon But it is now settled in Chancery, ut ante, that the husband may settle property to the sole and separate use of the wife, during coverture. Baron & feme, Volume 1 Settlement of wife
1809-08-22 Reeve, Tapping Coggeshall, Josiah Haydon Some rules not falling directly under the foregoing divisions. If a husband join in a lease or other conveyance of the wife's estate (for more than 21 years, I suppose) she may, after she becomes discovert, ratify or annul, as when she leases alone, ut ante. Baron & feme, Volume 1 Miscellaneous rules
1809-08-23 Reeve, Tapping Coggeshall, Josiah Haydon When the wife is the suffering cause of action and the husband sustains the consequential damage, Baron & feme, Volume 1 In what cases the husband & wife must join
1809-10-04 Gould, James Coggeshall, Josiah Haydon All contracts by which infants are not bound are either void or voidable. Parent & child, Volume 1 Void & voidable contracts of infants
1809-10-05 Gould, James Coggeshall, Josiah Haydon I observed in the last lecture that voidable contracts could be taken advantage of only by the infant himself or his representatives. Parent & child, Volume 1 Of the contracts of infants
1809-10-06 Gould, James Coggeshall, Josiah Haydon "Power" as used in law, is an authority confirmed by one person upon another in relation to some right or interest of him by whom the power is given. Parent & child, Volume 1 What power an infant may execute
1809-10-07 to 1809-10-21 Gould, James Coggeshall, Josiah Haydon Thus far, we have spoken of what rights an infant may acquire & what duties he has to perform. We come now to the means of asserting those rights. Parent & child, Volume 1 Asserting rights of infants
1809-10-07 to 1809-10-21 Gould, James Coggeshall, Josiah Haydon In the action per quod servitum, the daughter is a competent witness on either side, for or against the parent. Parent & child, Volume 1 Daughter as witness
1809-10-07 to 1809-10-21 Gould, James Coggeshall, Josiah Haydon The duty of these parents consists chiefly in their obligation to maintain them. Parent & child, Volume 1 Duties of parents to illegitimates
1809-10-07 to 1809-10-21 Gould, James Coggeshall, Josiah Haydon The duty of support is enforced in Connecticut by statute by applying to the County Court in the the form of a memorial & in ordinary cases, an action at law will not lie. Parent & child, Volume 1 Duty of supporting children
1809-10-07 to 1809-10-21 Gould, James Coggeshall, Josiah Haydon Here it is to be observed that an infant defendant must always appear by guardian & never by next friend. Parent & child, Volume 1 How an infant may be sued
1809-10-07 to 1809-10-21 Gould, James Coggeshall, Josiah Haydon A guardian is defined to be a temporary parent or person standing in loco parentis during a child's minority. Guardian & Ward, Volume 1 Kinds of guardians
1809-10-07 to 1809-10-21 Gould, James Coggeshall, Josiah Haydon I showed yesterday that the duty of maintaining children arises out of the relation of parent & child, and not of guardian & ward. Guardian & Ward, Volume 1 Relation of parent & child
1809-10-07 to 1809-10-21 Gould, James Coggeshall, Josiah Haydon An illegitimate can have no other right than he acquires, because being nullius filius or filius populi, he is of kin to nobody but his own issue. Parent & child, Volume 1 Rights & capacities of illegitimates
1809-10-07 to 1809-10-21 Gould, James Coggeshall, Josiah Haydon I observed yesterday that there were several kinds of guardians, not known by the ancient common law. Guardian & Ward, Volume 1 Rights & duties of guardians
1809-10-07 to 1809-10-21 Gould, James Coggeshall, Josiah Haydon This leads to the consideration of those children that are legitimate & those that are illegitimate. Parent & child, Volume 1 Rights and duties of parents & child
1809-10-07 to 1809-10-21 Gould, James Coggeshall, Josiah Haydon I have already mentioned the settlement of illegitimate children, however, I shall mention them more particularly. Guardian & Ward, Volume 1 Settlement of infants
1809-10-3 Gould, James Coggeshall, Josiah Haydon The distinctions found in the books & the reasons. The infant is not in strictness bound even for necessities. Parent & child, Volume 1 In what way an infant may bind himself
1809-10-3 Gould, James Coggeshall, Josiah Haydon The infant can never bind himself for money lent, unless the money is actually expended in the purchase of necessaries. Parent & child, Volume 1 Infant cannot bind himself for money
1809-10-3 Gould, James Coggeshall, Josiah Haydon At common law the age for choosing guardians is 14 in both sexes. Parent & child, Volume 1 Infant's liability for contracts
1809-10-3 Gould, James Coggeshall, Josiah Haydon This title will include Guardian & Ward according to the common law and our own. An infant or minor is any person, male or female, under the age of 21. Parent & child, Volume 1 Parent & child
1810-09-01 to 1810-09-10 not identified Coggeshall, Josiah Haydon I observed yesterday that an agreement between husband & wife was sometimes enforced in chancery, notwithstanding the common law rule that contracts between husband & wife are void, Chancery, Volume 6 Agreements between husband & wife
1810-09-01 to 1810-09-10 not identified Coggeshall, Josiah Haydon It is to be observed that agreements operating as a fraud when third persons are always set aside in Chancery; & this is one of the strongest grounds for which Chancery will set aside contracts. Chancery, Volume 6 Fraudulent agreements
1810-09-01 to 1810-09-10 not identified Coggeshall, Josiah Haydon I observed yesterday that as Chancery considers [words] what ought to be done, when money was agreed to be laid out in land, it will be considered as land. Chancery, Volume 6 Money & land
1810-09-01 to 1810-09-10 not identified Coggeshall, Josiah Haydon I have been treating on the power of a court of chancery to decree a specific performance. In pursuing the same subject, I would observe that if after an executory agreement Chancery, Volume 6 Partial performance
1810-09-01 to 1810-09-10 not identified Coggeshall, Josiah Haydon There has been much difficulty in defining or ascertaining by proper description the power of chancery because all the objects of this court's jurisdiction cannot be included Chancery, Volume 6 Powers of chancery
1810-09-01 to 1810-09-10 not identified Coggeshall, Josiah Haydon Chancery in many cases affords specific relief. So if executory agreements for the sale or purchase of land are made, Chancery will decree a specific performance of them. Chancery, Volume 6 Reliefs
1810-09-01 to 1810-09-10 not identified Coggeshall, Josiah Haydon I have been considering the cases where Chancery will decree the specific performance of contracts; but a Court of Equity exercises the power of setting aside agreements in certain cases. Chancery, Volume 6 Setting aside agreements
1810-09-01 to 1810-09-10 not identified Coggeshall, Josiah Haydon I have been endeavoring to inform you what contracts & under what circumstances a Court of Chancery will enforce a specific contract. Chancery, Volume 6 Specific contracts
1810-09-01 to 1810-09-10 not identified Coggeshall, Josiah Haydon Yesterday I observed that Chancery will decree a specific performance of agreement falling properly within its jurisdiction when damages would be given in Law. Chancery, Volume 6 Specific performance
1810-09-01 to 1810-09-10 not identified Coggeshall, Josiah Haydon I observed yesterday that Chancery would not suffer advantage to be taken of a penalty when the subject of the contract could not be enforced, Chancery, Volume 6 Unenforceable contracts
1810-09-10 not identified Coggeshall, Josiah Haydon Injunctions may also incur to restrain nuisances, as if one is about to raise a building which will obstruct ancient lights, an injunction will issue to prevent it. Chancery, Volume 6 Injunctions