Nevins v. Townsend
Supreme Court of Connecticut
This was an action against Isaac and Kneeland Townsend, as joint makers of a promisory note, payable to Kneeland Townsend, and by him indorsed to the plaintiff.
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This was an action against Isaac and Kneeland Townsend, as joint makers of a promisory note, payable to Kneeland Townsend, and by him indorsed to the plaintiff. The cause was tried at New-Haven, January term, 1825, before Chapman, J. The note given in evidence on the trial was as follows: " On demand, for value received, we promise to pay Kneeland Townsend, or order, eight hundred dollars, being for cash borrowed of him in New-York, on the 14th of April, 1814, with interest from the 14th of April, 1814. New-Haven, 3rd, September, 1817. Isaac Townsend & Co.” That the firm of Isaac Townsend &…
1Opinion of the Court
Hosmer, Ch. J.
The principle advanced by the defendant is unquestionable, that the note declared on, having been indorsed to the plaintiff when over-due, is subject, in his hands, to every infirmity, which it had, when in the hands of the payee.
The question then arises, had it an infirmity ? I am incapable of discerning any. It is a promissory note, in legal and accustomed phraseology, given by a partnership to one of the firm, for money loaned to it, and made with a view to circulation. The money was not advanced by Kneeland Townsend, qua partner; but as an individual, to be repaid wholly,…
2Cited by17 opinions
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