Fuller, Henry Holton

Biographical Information from the Litchfield Historical Society

http://www.litchfieldhistoricalsociety.org/ledger/students/987

Digitized Notebooks

v. 2
v. 3

Birth Date

1790-07-01

Death Date

1852-09-15

Notes

Volumes 2 & 3 only, lacks volume 1. Bound in half calf over paper boards; very legible; headers throughout; margins ruled for authorities; paginated. Lectures are numbered continuously. Volume 2 contains lectures 68 to 146 on pleas & pleadings, evidence, and mercantile law; volume 3 contains lectures 147 to 253 on criminal law, chancery, real property, real actions for injury to property, and baron & feme. Lectures are dated from December 24, 1812 to September 4, 1813.

Provenance

Harvard Law Library bookplate: Gift of Josiah S. Dean, Esq. Received October 18, 1926.

Fuller, Henry Holton Notebooks

Lecture Date Lecturer Notebook Author Opening Line All terms
not applicable Fuller, Henry Holton Contents of Volume II. Pleas & Pleadings; Evidence; Mercantile law; Volume 2 Contents
1812 Fuller, Henry Holton Baron & feme, delete
1812-12-24 Reeve, Tapping Fuller, Henry Holton There is no one thing in law, which occasions a person so frequent mortification as ignorance on this subject. Pleas & pleadings, Volume 2 General remarks on pleas & pleadings
1812-12-28 Gould, James Fuller, Henry Holton Pleadings are the mutual altercations between the plaintiff and defendant put into legal form and set down in writing. Pleas & pleadings, Volume 2 Pleas & pleadings definition
1812-12-29 Gould, James Fuller, Henry Holton In all pleading two things are necessary; first, that the matter be sufficient, second, that it be expressed according to the forms of law. Pleas & pleadings, Volume 2 Rules applying to pleadings
1812-12-30 Gould, James Fuller, Henry Holton 16th A party need not allege more than will amount, prima facie, to a sufficient cause of action or ground of defence. Pleas & pleadings, Volume 2 Rules continued
1812-12-31 Gould, James Fuller, Henry Holton It is difficult to give any precise rules as to the degree of certainty. Pleas & pleadings, Volume 2 Degree of certainty
1813-01-02 Gould, James Fuller, Henry Holton The declaration must always agree with the writ, for the declaration is an amplification of the writ. Pleas & pleadings, Volume 2 Miscellaneous rules re: the declaration
1813-01-04 Gould, James Fuller, Henry Holton A plea to the jurisdiction is regularly the first plea in the order of pleading. Pleas & pleadings, Volume 2 Pleas subsequent to the declaration
1813-01-05 Gould, James Fuller, Henry Holton Dilatory pleas of the third class are called pleas in abatement. Pleas & pleadings, Volume 2 Dilatory pleas
1813-01-06 Gould, James Fuller, Henry Holton Another cause of abatement is coverture of the defendant. If a married woman is sued alone, she may plead her coverture. Pleas & pleadings, Volume 2 Coverture
1813-01-07 Gould, James Fuller, Henry Holton A fifth cause of abatement is the non-joinder or misjoinder of necessary parties to a writ. Pleas & pleadings, Volume 2 Non-joinder or misjoinder
1813-01-08 Gould, James Fuller, Henry Holton A sixth cause of abatement is the pendency of a prior writ between the same parties for the same cause. Pleas & pleadings, Volume 2 Pendency of a prior writ
1813-01-09 Gould, James Fuller, Henry Holton That the action is misconceived is another cause of abatement. Thus, where the plaintiff sues in case, when from hi own showing, debt on assumpsit was the proper action. Pleas & pleadings, Volume 2 Action misconceived
1813-01-11 Gould, James Fuller, Henry Holton It is a rule at Common Law after a general imparlance, the defendant cannot plead in abatement unless such matter as arose after the imparlance. Pleas & pleadings, Volume 2 General imparlance
1813-01-12 Gould, James Fuller, Henry Holton An immaterial issue is one taken on a point which does not decide the merits of the cause. An immaterial issue is not aided even by a verdict. Pleas & pleadings, Volume 2 Immaterial issue
1813-01-13 Gould, James Fuller, Henry Holton A defendant, instead of pleading the general issue, may deny any single, traversable & material fact, and conclude to the contrary. This is not a very usual method. Pleas & pleadings, Volume 2 Special issue
1813-01-14 Gould, James Fuller, Henry Holton Every special plea in bar always advances new matter and must conclude with a verification. Pleas & pleadings, Volume 2 Special plea in bar
1813-01-15 Gould, James Fuller, Henry Holton It seems to be established that a general traverse may conclude with a verification in many cases. Pleas & pleadings, Volume 2 General traverse
1813-01-16 Gould, James Fuller, Henry Holton A traverse, preceded by an inducement, when both got to the same point, is but a conclusion of fact from the inducement. Pleas & pleadings, Volume 2 Trraverse
1813-01-18 Gould, James Fuller, Henry Holton A traverse can properly be taken only upon a point material. A material point is one which is decisive of the question. Pleas & pleadings, Volume 2 Material point
1813-01-19 Gould, James Fuller, Henry Holton Every plea must be simple, entire connected or confined to a single point. But this point need not be confined to a single fact. Pleas & pleadings, Volume 2 Single point
1813-01-20 Gould, James Fuller, Henry Holton If a deed is lost "by time and accident" or destroyed by casualty, it may be pleaded without Pleas & pleadings, Volume 2 Loss of deed
1813-01-21 Gould, James Fuller, Henry Holton After an issue in fact is joined, there can be no demurrer; for an issue, when joined, closes the proceedings. Pleas & pleadings, Volume 2 Issues in fact
1813-01-22 Gould, James Fuller, Henry Holton A demurrer of this kind is one of the most nicely adjusted parts of pleading, tho' attended with some intricacy on first examination. Pleas & pleadings, Volume 2 Demurrer to evidence
1813-01-22 Gould, James Fuller, Henry Holton When there is a joinder to demurrer in evidence, the usual method is for the court to discharge the jury immediately. Pleas & pleadings, Volume 2 Joinder to demurrer
1813-01-23 Reeve, Tapping Fuller, Henry Holton Granting a new trial is giving a party the privilege of trying his case again. New trials, Volume 2 New trials
1813-01-25 Reeve, Tapping Fuller, Henry Holton A sixth cause for granting a new trial is some discovered testimony. New trials, Volume 2 Causes for granting new trial
1813-01-26 Reeve, Tapping Fuller, Henry Holton There are some peculiar cases which do not fall under any general rule. Any misconduct of the parties, as an attempt to corrupt the jury by promises or deter them by threats is ground for a new trial. New trials, Volume 2 Misconduct of parties
1813-01-27 Reeve, Tapping Fuller, Henry Holton This has been supposed a difficult subject. This is a commission to the judges of a higher court to examine the record of the court below, Volume 2 Writs of error, Writs of error
1813-01-28 Reeve, Tapping Fuller, Henry Holton The effect of a reversal destroys the judgment, but the officers acting under an erroneous judgment are justified in any acts, the same as if the judgment had been good. Volume 2 Effect of a reversal, Writs of error
1813-01-29 Gould, James Fuller, Henry Holton Whenever the verdict avers the declaration, the jury is presumed to have found the fact omitted. Pleas & pleadings, Volume 2 Facts omitted
1813-01-30 Reeve, Tapping Fuller, Henry Holton A writ of error for errors in law may involve matter of fact, on account of the plea put in, as pleading a release of all errors and demands. Volume 2 Errors in law, Writs of error
1813-01-30 Gould, James Fuller, Henry Holton An issue may be immaterial, if found one way which would be material if found the other. Pleas & pleadings, Volume 2 Immaterial issue
1813-01-91 Gould, James Fuller, Henry Holton If two or more persons join themselves in one contract, they must all be joined in an action on such contract. Pleas & pleadings, Volume 2 Joinder of persons
1813-02-22 Reeve, Tapping Fuller, Henry Holton An infinite variety of new questions will arise on this subject and we can only lay down general rules; there are numerous wrong decisions on this subject. Evidence, Volume 2 Evidence general observations
1813-02-23 Reeve, Tapping Fuller, Henry Holton Plaintiff and defendant are ordinarily not witnesses, but there are cases where this rule does not hold. Evidence, Volume 2 Witnesses
1813-02-25 Reeve, Tapping Fuller, Henry Holton Necessity is the ground for admitting an escaper in a voluntary escape, to testify against the sheriff or jailor. Here the interest is very strong, as on conviction of the officer, Evidence, Volume 2 Escaper as witness
1813-02-25 Reeve, Tapping Fuller, Henry Holton No person who summons a man as a witness can impeach his credit, however much it may be in his power Evidence, Volume 2 Second general rule
1813-02-26 Reeve, Tapping Fuller, Henry Holton A mere trustee who has only a legal title may always be a witness respecting the property to which he has a legal title, when he is not a party on the record because he is not interested. Evidence, Volume 2 Trustee as witness
1813-02-27 Reeve, Tapping Fuller, Henry Holton Fourth, want of discretion excludes, such as do not understand the nature of an oath. With respect to minors, there is no precise rule as to the age at which they may be admitted. Evidence, Volume 2 Exclusion of witnesses
1813-03-01 Reeve, Tapping Fuller, Henry Holton There are cases in which the character of the parties may be inquired into. The rule is, that when the character of the parties are put in issue by the proceeding, their character may be inquired into. Evidence, Volume 2 Character of witness
1813-03-02 Reeve, Tapping Fuller, Henry Holton With regard to parents being admitted to prove the legitimacy or illegitimacy of children, the rules are not well settled. Evidence, Volume 2 Parents as witnesses
1813-03-03 Reeve, Tapping Fuller, Henry Holton There is a certain species of depositions called affidavits, which are admitted by the parties, relative to matters not going to the merits of the case. Evidence, Volume 2 Affidavits
1813-03-04 Reeve, Tapping Fuller, Henry Holton In case of taking a deposition, by out statute in Connecticut, you must notify the attorney of the opposite party, even if he lives out of the state. Evidence, Volume 2 Depositions in Connecticut
1813-03-05 Reeve, Tapping Fuller, Henry Holton A deed cannot be delivered to the person himself, as an escrow; out of this has arisen a very interesting question. Evidence, Volume 2 Delivery of deed
1813-03-06 Reeve, Tapping Fuller, Henry Holton You may introduce parol testimony to rebut an equity. Rights, which a court of law does not recognize, are often enforced in a court of chancery. Evidence, Volume 2 Parol testimony
1813-03-08 Gould, James Fuller, Henry Holton The mercantile law, or law merchant, has been usually denominated a particular custom. This is incorrect. Particular customs are confined to particular local limits. Mercantile law, Volume 2 Mercantile law
1813-03-09 Gould, James Fuller, Henry Holton There is an exception to this rule. Where a party takes a bill by transfer or endorsement, after it is payable, the person sued on it may show that he has received no consideration. Bills of exchange & promissory notes, Volume 2 Want of consideration
1813-03-10 Gould, James Fuller, Henry Holton No particular form or set of words are necessary to create a bill of exchange. The construction of mercantile instruments is always liberal. Bills of exchange & promissory notes, Volume 2 Form & requisites
1813-03-11 Gould, James Fuller, Henry Holton As to the parties concerned, illegality of consideration is a good defence. Any holder of a bill, on a fair ground, and ignorant of the illegality of the original consideration, can recover on it. Bills of exchange & promissory notes, Volume 2 Illegality of consideration
1813-03-12 Gould, James Fuller, Henry Holton The rule as to time of presentment, when necessary, is that the holder must use due diligence or must present within a reasonable time, and what is a reasonable time is a question of law. Bills of exchange & promissory notes, Volume 2 Time of presentment
1813-03-13 Gould, James Fuller, Henry Holton By absolute acceptance, the drawer is bound to pay according to the terms of the bill; by a conditional one, according to the terms of the acceptance. Bills of exchange & promissory notes, Volume 2 Acceptance
1813-03-15 Gould, James Fuller, Henry Holton The manner of giving notice of non acceptance is different in foreign bills, to what it is in inland; in the latter case, there is no mode prescribed. Bills of exchange & promissory notes, Volume 2 Manner of giving notice
1813-03-16 Gould, James Fuller, Henry Holton The mode of making the transfer is governed by the legal effect of the bill, and not always by the terms, because the legal effect is not always the same as the terms would impart. Bills of exchange & promissory notes, Volume 2 Mode of transfer
1813-03-16 Gould, James Fuller, Henry Holton If the drawer refuses to accept at all, any other person may accept for the honor of the drawer on any endorser. Bills of exchange & promissory notes, Volume 2 Honor of the drawer
1813-03-18 Gould, James Fuller, Henry Holton The transfer of a bill by endorsement is similar, in legal effect, to making a new bill. Bills of exchange & promissory notes, Volume 2 Operation of a transfer
1813-03-19 Gould, James Fuller, Henry Holton The time of presentment for payment, when the bill is payable at a certain time after date, or after presentment, or at usance, depends on the time expressed in the bill itself. Bills of exchange & promissory notes, Volume 2 Presentment for payment
1813-03-20 Gould, James Fuller, Henry Holton A promissory negotiable note is a direct engagement in writing to pay a sum of money to a person named in it, or to his order, or to bearer. Bills of exchange & promissory notes, Volume 2 Promissory notes
1813-03-20 Gould, James Fuller, Henry Holton When a bill or note cannot take effect according to its form, the more proper way of declaring upon it is according to its legal effect. Bills of exchange & promissory notes, Volume 2 Failure to take effect
1813-03-22 Gould, James Fuller, Henry Holton And where there are two endorsements, the first being in full, the handwriting of both must by proved by the holder. Bills of exchange & promissory notes, Volume 2 Two endorsements
1813-03-23 Reeve, Tapping Fuller, Henry Holton General observations. It is common to speak of the mercantile law, a custom of merchants, but tho' it was so called and so pleaded, it does not take the nature of a custom. Insurance, Volume 2 Law of Insurance
1813-03-24 Reeve, Tapping Fuller, Henry Holton Any person, except an alien enemy, may be insured. Whether insurance for an alien enemy was valid has excited much powerful interest in England. Insurance, Volume 2 What persons may be insured
1813-03-25 Reeve, Tapping Fuller, Henry Holton Commerce of any kind with an enemy is unlawful of course; any insurance on such commerce is void. Insurance, Volume 2 Commerce with the enemy
1813-03-26 Reeve, Tapping Fuller, Henry Holton Double insurance is, when the owner of goods insures more than once by different underwriters. Insurance, Volume 2 Double insurance
1813-03-27 Reeve, Tapping Fuller, Henry Holton In order to charge the insurer, the loss must happen during the risk. There is no difficulty determining whether it is during the risk, if the time is limited. Insurance, Volume 2 Charging the insurer
1813-03-29 Reeve, Tapping Fuller, Henry Holton It is a writing of indemnity and contains nothing to be done on the part of the insured. Insurance, Volume 2 Instrument is called a policy
1813-03-30 Reeve, Tapping Fuller, Henry Holton It happens frequently that different courses may be taken to the same place; if no one is pointed out by the policy, it is left to the discretion of the master of the ship. Insurance, Volume 2 Choice of course
1813-03-31 Reeve, Tapping Fuller, Henry Holton Express warranty is that the property is neutral. This warranty includes that the property is neutral and shall be so conducted as not to forfeit its neutrality; Insurance, Volume 2 Warranty
1813-04--3 Reeve, Tapping Fuller, Henry Holton It is also an implied warranty by the insured that the ship shall not deviate from her course; the principle is not because the danger is increased, but it is a violation of the contract. Insurance, Volume 2 Implied warranty
1813-04-01 Reeve, Tapping Fuller, Henry Holton It is no matter whether the loss happen in consequence of the vessel's not being neutral; if the warranty is not complied with, the insurers are discharged. Insurance, Volume 2 Neutral vessels
1813-04-02 Reeve, Tapping Fuller, Henry Holton There are certain things which need not be disclosed, on the ground that they are well known to one party as the other. Insurance, Volume 2 Things not disclosed
1813-04-05 Reeve, Tapping Fuller, Henry Holton There is a distinction between capture and detention. When the object is to take the ship, it is capture; Insurance, Volume 2 Loss by capture
1813-04-06 Reeve, Tapping Fuller, Henry Holton When a neutral vessel is taken and carried into a port of a belligerent, and is acquitted, the insurer is liable for the expense of detention and loss of freight Insurance, Volume 2 Detention of neutral vessel
1813-04-07 Reeve, Tapping Fuller, Henry Holton delete, Insurance
1813-04-07 Reeve, Tapping Fuller, Henry Holton If the loss is total, and the policy valued, it is what the policy is valued at. Insurance, Volume 2 Adjustment of losses
1813-04-08 Reeve, Tapping Fuller, Henry Holton It is often stipulated on the part of the insured, that some of the premium shall be returned on the happening of a certain event, as if she sails with convoy or with so many guns. Insurance, Volume 2 Return of premium
1813-04-09 Reeve, Tapping Fuller, Henry Holton Loss may happen and yet the insurer may not be liable, tho' it happens by peril insured against. Insurance, Volume 2 Liability of insurer
1813-04-10 Reeve, Tapping Fuller, Henry Holton The question whether you may insure a man's life without any interest is the same as in other insurances: without interest, they are void. Insurance, Volume 2 Insurance on lives & against fire
1813-04-10 Reeve, Tapping Fuller, Henry Holton Policies are often procured by agents, and the warranties are subscribed by them; and then besides procuring their subscription, their power is to be proved. Insurance, Volume 2 Power of agents
1813-04-13 Reeve, Tapping Fuller, Henry Holton Charter parties are of two kinds, first where a merchant agrees with the master or owner of the ship to carry goods for him, this is chartering the vessel. Charter parties, Volume 2 Charter parties
1813-04-14 Reeve, Tapping Fuller, Henry Holton We shall only show how far the mercantile law differs on this point from the common law. Insurance, Volume 2 Joint owners of vessels
1813-04-15 Reeve, Tapping Fuller, Henry Holton Factors are properly persons in one country employed by men in another to do business for them. Factors/agency, Volume 2 Factors & agents
1813-04-15 Reeve, Tapping Fuller, Henry Holton Their contracts in many cases are affected by the law merchant. They are not, unless it is so agreed, entitled to any pay till they arrive at the point of delivery. Seamenís wages & sailorís contracts, Volume 2 Sailors
1813-04-15 Reeve, Tapping Fuller, Henry Holton Where a merchant has a right to stop goods sold in transitu. Nothing can be more foreign to the common law than this. Stoppage in transitu, Volume 2 Stopping goods in transitu
1813-04-17 Reeve, Tapping Fuller, Henry Holton A crime is said to be an act in violation of some public law, or an omission to do what is required by law. Crimes may be violations of statutes or of common law. Volume 3 No. 147 Criminal law Public wrongs
1813-04-19 Reeve, Tapping Fuller, Henry Holton The principal is the perpetrator of the offence. The accessory is one who has given countenance or aided the perpetration of the offence & is accessory after the fact. Public wrongs, Volume 3 No. 148 Principal and accessories
1813-04-22 Reeve, Tapping Fuller, Henry Holton Burglary is breaking and entering a mansion house in the night with an intention to commit a felony. Public wrongs, Volume 3 No 149 Burglary
1813-04-23 Reeve, Tapping Fuller, Henry Holton This is inducing another to swear falsely, the offence is the same as perjury. Public wrongs, Volume 3 No. 150 Subornation of perjury
1813-04-24 Reeve, Tapping Fuller, Henry Holton Piracy includes every species of depredation or robbery on the sea, which amounts to felony on the land in any of the foregoing cases. Public wrongs, Volume 3 No. 151 Piracy
1813-04-26 Reeve, Tapping Fuller, Henry Holton A battery may be committed in such a way as to terrify and alarm the public, and this becomes a public offence. Public wrongs, Volume 3 No 152 Barratry
1813-04-26 Reeve, Tapping Fuller, Henry Holton Public wrongs, Volume 3 No. 152 Barratry
1813-04-27 Reeve, Tapping Fuller, Henry Holton The English statute and most of the American statutes subject the man who receives usurious interest to a forfeiture of treble the value of the note. Public wrongs, Volume 3 No 153 Barratry
1813-04-27 Reeve, Tapping Fuller, Henry Holton When on the subject of usury yesterday, I did not intend going into the subject any farther than to explain how it was a crime. Public wrongs, Volume 4 No. 7 Usury
1813-04-28 Reeve, Tapping Fuller, Henry Holton Bigamy was an offence at common law. This was in old times punished with death. Public wrongs, Volume 3 No. 154 Bigamy
1813-04-29 Reeve, Tapping Fuller, Henry Holton It is impossible to get correct ideas of this offence by any definition. Homicide is murder, or manslaughter, or excusable or justifiable homicide. Public wrongs, Volume 3 No. 155 Homicide
1813-04-30 Reeve, Tapping Fuller, Henry Holton A man picked up pistols and tried with the ram rod and thought it was not loaded, but the rem rod was short; he discharged it, not supposing it was loaded. Public wrongs, Volume 3 No. 156 Homicide
1813-05-01 Reeve, Tapping Fuller, Henry Holton This is a process call an information against persons to preserve the peace. Public wrongs, Volume 3 No. 157 Binding over
1813-05-03 Reeve, Tapping Fuller, Henry Holton The general powers of a court of chancery cannot be defined. The thing will be understood by examining the things with which they are concerned. Chancery, Volume 3 No. 158 Powers of Chancery
1813-05-04 Reeve, Tapping Fuller, Henry Holton Mode of relief. Many rules must be remembered in order to understand the powers of chancery. Chancery, Volume 3 No. 159 Powers of Chancery
1813-05-05 Reeve, Tapping Fuller, Henry Holton Damages. Sometimes also, when damages are not an adequate recompense, chancery will interfere. Chancery, Volume 3 No. 159 Powers of Chancery
1813-05-06 Reeve, Tapping Fuller, Henry Holton Performance. In some cases, chancery will not decree performance, when yet they would not rescind it; there are cases where there is some hardship in the bargain, but will not enough to authorize rescinding. Chancery, Volume 3 No. 160 Powers of Chancery
1813-05-07 Reeve, Tapping Fuller, Henry Holton Usurious contracts. Courts of chancery have also assumed the power of relieving against usurious contracts. This is done only at the request of the person injured. Chancery, Volume 3 No. 161 Powers of Chancery
1813-05-08 Reeve, Tapping Fuller, Henry Holton Penalties. Chancery will relieve against penalties. When men had bound themselves by penalties to perform a contract, formerly there was not remedy at law. Chancery, Volume 3 No. 162 Powers of Chancery
1813-05-11 Reeve, Tapping Fuller, Henry Holton Separate maintenance. Under the fostering hand of chancery, it has become a practice to allow married women who had separate estates settled upon them by their husbands before marriage, to have a separate maintenance. Chancery, Volume 3 No. 164 Powers of Chancery
1813-05-17 Reeve, Tapping Fuller, Henry Holton In England and in many of the States, any bond creditor is considered as having a lien upon the land of which the debtor dies seized. Volume 3 No. 165 Powers of Chancery
1813-05-18 Reeve, Tapping Fuller, Henry Holton Trustee. In many cases, one man has the legal title, and another the beneficial interest. In all cases, the person having the legal title is a mere trustee. Chancery, Volume 3 No. 166 Powers of Chancery
18130-04-15 Reeve, Tapping Fuller, Henry Holton A contract made with one of the partners binds the rest, if relative to the partnership business. Partnership, Volume 2 Partnership
[1813-05-10] Reeve, Tapping Fuller, Henry Holton Marshaling of assets. As our law once stood, before our revolution, it would have been important to understand the marshaling of assets. Chancery, Volume 3 No. 163 Powers of Chancery