Ross v. Webster
Supreme Court of Connecticut
ACTION on two promissory notes executed by the defendant ; brought to the Superior Court in Hartford County, and tried to the court before Prentice, J. Facts found and judgment rendered for the plaintiff and appeal by the defendant. The case is fully stated in the opinion.
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ACTION on two promissory notes executed by the defendant ; brought to the Superior Court in Hartford County, and tried to the court before Prentice, J. Facts found and judgment rendered for the plaintiff and appeal by the defendant. The case is fully stated in the opinion. The important question in tin's case, upon the naked facts, and stripped of its disguises, is, whether a note, obtained from the maker by fraud, and purchased by a third party when overdue, is a good consideration for a new note, even though the defendant (and the plaintiff likewise) had knowledge of the fraud. A note…
1Opinion of the CourtAndrews, C. J.
The defendant has appealed to this court from a judgment of the Superior Court and has assigned various reasons of appeal. An examination of the record shows that none of these can be sustained. The complaint describes two notes, each signed by the defendant and expressed to be for value received. They are averred to belong to the plaintiff and to be due and unpaid. The defense admitted' the execution of the notes, but alleged that they were obtained from the defendant by fraud and conspiracy, and that they were without consideration.
The case finds upon this point as follows: — Prior to the…
2Cases cited3 opinions
- Moss v. Riddle & CoSupreme Court of the United States · 1809
- Huntington v. ClarkSupreme Court of Connecticut · 1873
- Dwight v. BrownSupreme Court of Connecticut · 1831
3Cited by2 opinions
- Morrison v. MacNamaraDistrict of Columbia Court of Appeals · 1979
- Heating Acceptance Corporation v. PattersonSupreme Court of Connecticut · 1965