Legal Opinion · Concurrence

Beckwith v. Angell

Supreme Court of Connecticut

Decided July 15, 1823Published

This was an action of assumpsit, tried at Brooklyn, January term, 1823, before Brainard, J. In one of the counts, of which there were several, the cause of action was stated thus : That on the 14th of April, 1819, Ephraim Angell, the son of the defendant, being indebted to the plaintiffs in the sum of 145 dollars, 36 cents, in payment of the same, made and delivered to the plaintiffs his writing or note in the words and figures following, viz.

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This was an action of assumpsit, tried at Brooklyn, January term, 1823, before Brainard, J. In one of the counts, of which there were several, the cause of action was stated thus : That on the 14th of April, 1819, Ephraim Angell, the son of the defendant, being indebted to the plaintiffs in the sum of 145 dollars, 36 cents, in payment of the same, made and delivered to the plaintiffs his writing or note in the words and figures following, viz. “ Providence, 14th April, 1819. Four months after date, I promise to pay Beck-with & Pearson, or order, one hundred forty-five vdollars, 36 cents, at…

1ConcurrenceBristol, J.

concurred. He thought it unnecessary to consider the peculiar meaning, which, in this state, has been attached to the blank indorsements of promissory notes not negotiable ; as this depended on the local usage of this state; nor whether this meaning, with respect to indorsements made in this state, could be varied, by proof of a positive contract made at the time when a note was indorsed ; though were it necessary, in his opinion, it might be done. But in the present case, he thought the indorsement must be presumed to be made in the state of Rhode-Island ; and, in the absence of all evidence…

2Cases cited7 opinions

  1. Medbury v. HopkinsSupreme Court of Connecticut · 1820
  2. Huntington v. HarveySupreme Court of Connecticut · 1821
  3. Town of Hebron v. Town of MarlboroughSupreme Court of Connecticut · 1816
  4. Welton v. ScottSupreme Court of Connecticut · 1823
  5. Inhabitants of Sterling v. Inhabitants of PlainfieldSupreme Court of Connecticut · 1821

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