Hayden v. Goodnow
Supreme Court of Connecticut
■ Assumpsit by indorsee of a bill of exchange against acceptor ; brought to the Superior Court for Hartford county, and tried’ on the general issue closed to the court (Phelps, J.~) The defendant accepted the draft for the accommodation of other parties, and with no funds of the drawer or payee in his hands, and entirely upon the assurance of the payee that funds should be provided to meet it at maturity, and he would not otherwise have accepted it.
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■ Assumpsit by indorsee of a bill of exchange against acceptor ; brought to the Superior Court for Hartford county, and tried’ on the general issue closed to the court (Phelps, J.~) The defendant accepted the draft for the accommodation of other parties, and with no funds of the drawer or payee in his hands, and entirely upon the assurance of the payee that funds should be provided to meet it at maturity, and he would not otherwise have accepted it. The plaintiff received the draft before maturity, in the ordinary course of business, in payment and extinguishment of a pre-existing debt due…
1Opinion of the CourtFoster, J.
The plaintiff, as indorsee of a bill of exchange drawn on the defendant, seeks to recover its amount from him as the acceptor. Under the plea of the general issue, the defendant gave notice that he should claim and prove that the draft was accepted without funds or consideration, as an accommodation draft, upon the promise of the payee that funds should be provided to meet it, and that none were provided ; of all which the plaintiff had notice and knowledge; also, that the plaintiff paid no valuable consideration for said draft.
On the trial the defendant further claimed, that, as the…
2Cases cited1 opinion
- State v. HydeSupreme Court of Connecticut · 1836
3Cited by4 opinions
- Farmers' Nat. Bank of Tecumseh v. McCallSupreme Court of Oklahoma · 1910
- Neil v. J. I. Case & Co.Supreme Court of Kansas · 1881
- Johnson v. CookeSupreme Court of Connecticut · 1912
- Whitlock v. MancietOregon Supreme Court · 1882