Daggett v. Whiting
Supreme Court of Connecticut
Assumpsit by the- plaintiff, as administrator of Charles A. Judson, deceased, against defendant as maker of two checks, one dated September 12th, 1859, for $2,750, the other dated November 10th, 1860, for $1,500, and both drawn on the City Bank of New Haven, payable to bearer.
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Assumpsit by the- plaintiff, as administrator of Charles A. Judson, deceased, against defendant as maker of two checks, one dated September 12th, 1859, for $2,750, the other dated November 10th, 1860, for $1,500, and both drawn on the City Bank of New Haven, payable to bearer. The suit was brought to the Superior Court in New Haven County, and tried to the jury on the general issue, with notice, before Pardee J. Upon the trial it was admitted that the checks were executed by the defendant, and by him delivered without consideration, each on the day of its date, to one Baldwin, then a broker…
1Opinion of the CourtPark, J.
-On the trial of this case in the court below the defendant offered parol testimony to prove, and claimed thereby to liaveproved, that Judson, the plaintiff’s intestate, knew at the.time he received the checks that they were given by the *371defendant to Baldwin without consideration and upon Baldwin’s agreement to take care of them and save the defendant harmless thereon, and that he made at the' time an express agreement with Baldwin that he would look to Baldwin only for payment and would not present them at all to the bank nor call upon the defendant for payment, and that Baldwin should pay…
2Cases cited4 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Brush v. ScribnerSupreme Court of Connecticut · 1836
- Skilding & Haight v. WarrenNew York Supreme Court · 1818
- Harrisburg Bank v. MeyerSupreme Court of Pennsylvania · 1821
3Cited by5 opinions
- National Bank of Commerce v. LaughlinSupreme Court of Missouri · 1924
- Schindler v. MuhlheiserSupreme Court of Connecticut · 1877
- Woodruff v. PlantSupreme Court of Connecticut · 1874
- O'Brien v. Paterson Brewing & Malting Co.New Jersey Court of Chancery · 1905
- Dulaney v. BurkeIdaho Supreme Court · 1890