New-Haven County Bank v. Mitchell
Supreme Court of Connecticut
This was an action of assumpsit, founded on a writing signed by the defendants, of the following tenor : “ For value received, we jointly and severally covenant and agree with the New-Haven County Bank, that we will, at all times, hold ourselves responsible, to the amount of 20,000 dollars, to said bank, for such paper as may be indorsed by the firm of Street, Mitchells Gilbert, and holden by said bank, and will save said bank harmless from all loss, cost or damage, which…
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This was an action of assumpsit, founded on a writing signed by the defendants, of the following tenor : “ For value received, we jointly and severally covenant and agree with the New-Haven County Bank, that we will, at all times, hold ourselves responsible, to the amount of 20,000 dollars, to said bank, for such paper as may be indorsed by the firm of Street, Mitchells Gilbert, and holden by said bank, and will save said bank harmless from all loss, cost or damage, which may be at any time sustained, by the said bank, to said amount of 20,000 dollars, by reason of holding paper of any…
1Opinion of the CourtStorrs, J.
The defendants move for a new trial on several grounds.
1. That the writing, on which the suit was brought, did not become obligatory on the defendants until the plaintiff accepted it, and gave notice of such acceptance to the defendants; and that the evidence offered by the plaintiff was inadmissible to prove such acceptance and notice.
2. That the defendants were entitled to notice of the credits given under the guaranty in question, within a reasonable time after such credits were given.
3. That said guaranty did not embrace the indorsements of the firm of Street, Mitchells & Gilbert, made…
2Cases cited6 opinions
- Miller v. StewartSupreme Court of the United States · 1824
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Craft v. IshamSupreme Court of Connecticut · 1838
- Bigelow v. BridgeMassachusetts Supreme Judicial Court · 1811
- Wright v. JohnsonNew York Supreme Court · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Merchants' National Bank of Whitehall v. HallNew York Court of Appeals · 1881
- Cumberland Glass Manufacturing Co. v. WheatonMassachusetts Supreme Judicial Court · 1911
- Bank of United States v. Chemical Bank & Trust Co.New York Supreme Court · 1930
- Bushnell v. ChurchSupreme Court of Connecticut · 1843
- Ferst v. BlackwellSupreme Court of Florida · 1897
12 more not listed; retrieve them via the Exa API.