Preston v. Mann
Supreme Court of Connecticut
This was an action brought by the plaintiff, as endorsee and holder of a promissory note, against Benning E. Mann and Samuel C. Savage, partners under the name of B. E. Mann & Co. The declaration alleged, substantially, “ that the said B. E. Mann & Co., at Hartford, on the 30th day of December, A. D. 1853, by their note of that date under their hands, for value received, promised, nine months after date, to pay to the order of themselves, at the Farmers and Mechanics Bank,…
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This was an action brought by the plaintiff, as endorsee and holder of a promissory note, against Benning E. Mann and Samuel C. Savage, partners under the name of B. E. Mann & Co. The declaration alleged, substantially, “ that the said B. E. Mann & Co., at Hartford, on the 30th day of December, A. D. 1853, by their note of that date under their hands, for value received, promised, nine months after date, to pay to the order of themselves, at the Farmers and Mechanics Bank, the sum of eight hundred and thirty-two dollars and fifty-three cents, and that the defendants, by their endorsement of…
1Opinion of the CourtStorrs, J.
On the trial in the court below, the right of the plaintiff to recover against Savage, one of the defendants, was disputed on various grounds; chiefly, because the note in suit, although purporting to be executed in the name of the firm of B. E. Mann & Co., of which Savage had been a member, and bearing date during the continuance of the partnership, was in fact executed by another partner, after that relation had been dissolved, and was therefore antedated. It is insisted that such a defence, whatever incidents may be connected with it, which might make it unavailable against a holder who…
2Cases cited1 opinion
- Carnes ex rel. Olden v. FieldSupreme Court of Pennsylvania · 1800
3Cited by29 opinions
- Hefner v. VandolahIllinois Supreme Court · 1871
- Johnson v. BylerTexas Supreme Court · 1873
- Taylor v. Nashville & Chattanooga RailroadTennessee Supreme Court · 1888
- Guffey v. O'ReileySupreme Court of Missouri · 1885
- Kinney v. WhitonSupreme Court of Connecticut · 1877
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