Carpenter v. Thompson
Supreme Court of Connecticut
Action to recover the amount of a promissory note indorsed or guaranteed by the defendant to the plaintiff; brought to the Superior Court in Fairfield County and tried to the court, Shumway, J., upon plaintiff’s demurrer to the defendant’s answer of the statute of limitations; the court overruled the demurrer, sustained the answer, and the plaintiff appealed for alleged errors in the rulings of the court.
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Action to recover the amount of a promissory note indorsed or guaranteed by the defendant to the plaintiff; brought to the Superior Court in Fairfield County and tried to the court, Shumway, J., upon plaintiff’s demurrer to the defendant’s answer of the statute of limitations; the court overruled the demurrer, sustained the answer, and the plaintiff appealed for alleged errors in the rulings of the court. The allegations of the complaint were substantially as follows :— That on the 30th of July, 1877, the defendant indorsed and delivered to the plaintiff a note made by J. Steel Mackay, dated…
1Opinion of the CourtHall, J.
Among the reasons of appeal, it is alleged that the Superior Court erred in deciding that the note in question was not a non-negotiable note under the laws of this *461State; in holding that the indorsement was not a guaranty, but an indorsement of negotiable paper; that the contract of indorsement was a separate and independent contract; and in deciding “ that said note and indorsement and the contract thereof were within the statute of limitations, and that no action could be brought thereon but within six years next after the right of action had accrued.”
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2Cases cited6 opinions
- Monson v. DrakeleySupreme Court of Connecticut · 1873
- Greathead v. WaltonSupreme Court of Connecticut · 1873
- Peck v. AbbeSupreme Court of Connecticut · 1836
- Bissell v. GowdySupreme Court of Connecticut · 1862
- Gould v. MoringNew York Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Associated Catalog Merchandisers, Inc. v. ChagnonSupreme Court of Connecticut · 1989
- Beach v. BeachSupreme Court of Connecticut · 1954
- Charlestown Five Cents Savings Bank v. WolfMassachusetts Supreme Judicial Court · 1941
- Homewood Peoples Bank v. HastingsSupreme Court of Pennsylvania · 1919
- Broadway Bank & Trust Co. v. LongleySupreme Court of Connecticut · 1933
7 more not listed; retrieve them via the Exa API.