Perkins v. Catlin
Supreme Court of Connecticut
This was an action of assumpsit, founded on a promissory note of the following tenor: “On the third day of April next, we, or either of us, promise to pay Dennis Perkins, or bearer, one hundred and eighty dollars; value received. Sept. 21, 1833. Lewis Catlin, jun. Lewis Catlin.” On the back of this note was the name of “Abijah Catlin,” the defendant. The declaration contained three counts.
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This was an action of assumpsit, founded on a promissory note of the following tenor: “On the third day of April next, we, or either of us, promise to pay Dennis Perkins, or bearer, one hundred and eighty dollars; value received. Sept. 21, 1833. Lewis Catlin, jun. Lewis Catlin.” On the back of this note was the name of “Abijah Catlin,” the defendant. The declaration contained three counts. In the first, the defendant was charged as a joint and several promiser with Lewis Catlin, and Lewis Catlin jr., of a negotiable note. In the second, the plaintiff alleged, that he held a note against the…
1Opinion of the CourtHuntington, J.
The record presents two questions for our decision. 1. What is the contract, implied by law, in a blank indorsement of a negotiable note, made by a stranger to the note, for the benefit of the payee, to insure the maker’s responsibility, in cases where there is no other proof of the contract, except such as arises from the indorsement itself? 2. Is parol evidence admissible, as between the indorser and payee, to prove the contract which was in fact made, at the time of the indorsement, and which such blank indorsement was intended, by the parties, to consummate?
We had supposed the first of…
2Cases cited12 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- Ulen v. KittredgeMassachusetts Supreme Judicial Court · 1810
- Beckwith v. AngellSupreme Court of Connecticut · 1823
- Williams v. GrangerSupreme Court of Connecticut · 1810
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3Cited by22 opinions
- Burton & Co. v. HansfordWest Virginia Supreme Court · 1877
- Sykes v. EverettSupreme Court of North Carolina · 1914
- Allen v. RundleSupreme Court of Connecticut · 1882
- Fuller v. ScottSupreme Court of Kansas · 1871
- Rothschild v. GrixMichigan Supreme Court · 1875
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