Williams v. Granger
Supreme Court of Connecticut
WRIT of error. This was an action of assumpsit against Granger on a sPec‘a* endorsement, guarantying the payment of Oliver L. Phelps's promissory note, dated November 1, 1805» and payable to Williams on the 1st October, 1806, The was in these words : “For yalue received, j hereby guaranty to Jonathan Williams, Esq. that the . , . within named Oliver X. Phelfis> the promisor, is, and continue to be, until the day of payment mentioned in said note, of sufficient responsibility…
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WRIT of error. This was an action of assumpsit against Granger on a sPec‘a* endorsement, guarantying the payment of Oliver L. Phelps's promissory note, dated November 1, 1805» and payable to Williams on the 1st October, 1806, The was in these words : “For yalue received, j hereby guaranty to Jonathan Williams, Esq. that the . , . within named Oliver X. Phelfis> the promisor, is, and continue to be, until the day of payment mentioned in said note, of sufficient responsibility to pay the same ; . r. j r and I further engage with said Williams, the promisee, ^ *-he moneys mentioned in said note…
1Opinion of the CourtTrumbull, J.
It is apparent from the pleadings and record of the process, that the court below considered this endorsement of Granger as an endorsement in common form, warranting that the note in question was due and collectable by using due diligence ; in which case, it would have been the duty of Williams to have shown to the court, that he had used all due diligence in en-deavouring by law to collect the sums due by said note, from Phelfis, and on failure to have given immediate notice to Granger, to enable himself to maintain an action on such endorsement.
But the endorsement in this case is a new,…
2Cited by18 opinions
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- Hammond v. Gilmore's AdministratorSupreme Court of Connecticut · 1841
- M. Noyes & Co. v. NicholsSupreme Court of Vermont · 1855
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