Eldred v. Hawes
Supreme Court of Connecticut
This was an action against the defendant as the maker of a promissory note. The plaintiff declared, That the defendant, in and by a certain writing or note, under his hand, by him well executed, dated the 8th day of September, anno Domini, 1818, promised the plaintiff, to pay to him, for value received, the sum of 307 dollars, with interest from the 1st of April, 1819, to be paid on the 1st of April, 1820, at the plaintiff’s dwelling-house in Warren; yet that the defendant,…
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This was an action against the defendant as the maker of a promissory note. The plaintiff declared, That the defendant, in and by a certain writing or note, under his hand, by him well executed, dated the 8th day of September, anno Domini, 1818, promised the plaintiff, to pay to him, for value received, the sum of 307 dollars, with interest from the 1st of April, 1819, to be paid on the 1st of April, 1820, at the plaintiff’s dwelling-house in Warren; yet that the defendant, his promise aforesaid not regarding, had never performed the same, (though often requested and demanded,) to the damage…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiff has brought his action on a promissory note, made by the defendant, in which there is a promise to pay a specified sum, at the defendant's dwelling-house. The declaration contains no averment of a demand having been made at the place of payment; and the sole question is, whether the demand was essential, and constituted a condition precedent.
On a review of the decisions in Westminster-Hall, although they now hold a special demand necessary, and are a binding authority in the country where they were pronounced, I do not consider them as of any authority here. We are…
2Cited by6 opinions
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- Bond v. StorrsSupreme Court of Connecticut · 1840
- Jackson v. PackerSupreme Court of Connecticut · 1839
- Clark v. BeachSupreme Court of Connecticut · 1826
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