New Haven Manufacturing Co. v. New Haven Pulp & Board Co.
Supreme Court of Connecticut
Action by the indorsee against the maker of a negotiable note, brought to the Superior Court in New Haven County and tried to the court, Thayer, J.; judgment for plaintiff, and appeal by the defendant.
1Opinion of the CourtBaldwin, J.
The substantial defense set up to this action is that the note was delivered to the payee on an express condition that its payment should be contingent on the acceptance of certain engines, which it had sold to the defendant with a warranty that they should work satisfactorily, and which proved unsatisfactory.
The complaint follows Form 213 in the Practice Book (p. 128), alleging in paragraph 1 that the defendant, on a day stated, by its note, promised to pay to the order of the Downingtown Manufacturing Company a certain sum at a certain place and time, for value received. This paragraph was…
2Cases cited5 opinions
- Dugan v. United StatesSupreme Court of the United States · 1818
- Goodrich v. StanleySupreme Court of Connecticut · 1856
- Potter v. DouglassSupreme Court of Connecticut · 1877
- C. & C. Electric Motor Co. v. D. Frisbie & Co.Supreme Court of Connecticut · 1895
- Cunningham Lumber Co. v. MayoSupreme Court of Connecticut · 1902
3Cited by8 opinions
- Capitol Hill State Bank v. Rawlins National BankWyoming Supreme Court · 1916
- Melton v. Pensacola Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1911
- Bank of Sutton v. SkidmoreWest Virginia Supreme Court · 1932
- Vermont Evaporator Co. v. TaftSupreme Court of Vermont · 1935
- Hopkins v. MerrillSupreme Court of Connecticut · 1907
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