Stalker v. Hayes

• Decision Date: 04 March 1909
• Citation: 71 A. 1099,81 Conn. 711
• Court: Connecticut Supreme Court
• Parties: STALKER v. HAYES.

71 A. 1099

81 Conn. 711

STALKER

v. HAYES.

Supreme Court of Errors of Connecticut.

March 4, 1909.

Appeal from Court of Common Pleas, Hartford County; John Coats, Judge.

Action by Edwina E. Stalker against Eunice Hayes. From a judgment for plaintiff, defendant appeals. Affirmed.

Joseph P. Tuttle, for appellant.

J. Gilbert Calhoun and James B. Henry, for appellee.

RORABACK, J. This action is brought to recover rent and costs of an action of summary process. The substance of the material facts appearing in the finding is as follows: On June 3, 1907, the defendant owed the plaintiff for rent and costs of an action of summary process amounting to the sum of $53.96. The defendant owned and had in her possession the articles named in the following writing: "Hartford, Conn., June 3, 1907. This is to certify that I have received of Edwina E. Stalker at Hartford, Conn., the following goods and chattels, to wit: Five iron double beds complete with mattresses and springs, one Richmond range, one parlor stove, which goods and chattels are to be and remain the property of said Edwina E. Stalker until I shall have fully performed my part of the agreement as hereinafter set forth. I hereby agree to keep said property at my own risk and charge and pay said Edwina E. Stalker for the use thereof the sum of $58.10 on or before the 1st day of July, 1907, as evidenced by her indorsements on the back of this agreement, when said goods and chattels shall become my property, when all claim to the same by her shall cease and be determined. It is further hereby agreed that said goods and chattels are to be kept by me at my residence, No. 115 Ann street, Hartford, or in some place of storage in said Hartford, the name of which I am to inform said Mrs. Stalker, or before I remove said articles from 115 Ann street, and that I will not remove the same from said places without the consent of said Edwina E. Stalker indorsed on this agreement, nor dispose of the same in any manner; and it is further agreed by me that if I shall make default of any of said payments, or shall fail in any manner to perform this agreement, the said Edwina E. Stalker shall be entitled to the immediate possession of said property, which I hereby promise to deliver to her on demand. In case I shall violate any part of the foregoing agreement, the said lessor, her agent, or assigns may enter upon my premises and take possession of said property, and they and every of them are hereby exonerated from any claim on my part, or on the part of any person in my name or stead for any damages which I might have against them for so doing had this agreement not been made and entered into by me. Eunice M. Hayes. [L. S.] This is to certify that the above-described property has been delivered to the lessee named in the foregoing agreement by the undersigned on the terms and conditions therein specified. Dated at Hartford this 3d day of June, A. D. 1907. Edwina E. Stalker, By Terry J. Chapin, Her Attorney." In response to a demand for security for her indebtedness the defendant signed and delivered to the plaintiff this writing. This written instrument by a mistake stated the amount which the defendant was to pay the plaintiff at $58.16, instead of $53.96. On July 1, 1907, upon demand the defendant refused payment. This action...