Bulkley v. Landon
Supreme Court of Connecticut
THE plaintiffs, as late merchants in company, under the firm of Bulkley, Someryndike & Co., brought an action of as-sumpsit against the defendants, as surviving partners of the late firm of Smith, Taylor & Co., consisting of the defendants and David Taylor, deceased, to recover the balance of a sum of money, which the plaintiffs had been compelled to pay in consequence of their having endorsed several promissory notes, at the request, and for the benefit of Smith, Taylor &…
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THE plaintiffs, as late merchants in company, under the firm of Bulkley, Someryndike & Co., brought an action of as-sumpsit against the defendants, as surviving partners of the late firm of Smith, Taylor & Co., consisting of the defendants and David Taylor, deceased, to recover the balance of a sum of money, which the plaintiffs had been compelled to pay in consequence of their having endorsed several promissory notes, at the request, and for the benefit of Smith, Taylor & Co. There were several counts, one of which was special, and was as follows : “ That at the city of New- York, on the…
1Opinion of the Court
IIosmer, Ch. J.
Two objections have been made to the decision of the superior court. The first affirms, that the guaranty of Smith, Taylor <£' Co., ought to have been received in evidence. It is sufficient to say, that every material question on this point was fully considered and determined against the plaintiffs, when this case was before the Supreme Court, on a former occasion, (a) The writing conduced to prove none of the facts for which it was offered. The position most insisted on, by the plaintiffs, is this; that if they proved the delivery of the guaranty, at the time when the notes…
2Cases cited4 opinions
- Andrews v. BeeckerNew York Supreme Court · 1800
- Wolcott v. ColemanSupreme Court of Connecticut · 1817
- Bulkley v. LandonSupreme Court of Connecticut · 1818
- Coleman v. WalcottSupreme Court of Connecticut · 1809
3Cited by7 opinions
- Coit v. TracySupreme Court of Connecticut · 1830
- Magill v. LymanSupreme Court of Connecticut · 1825
- Adams v. WaySupreme Court of Connecticut · 1864
- Mansfield v. MansfieldSupreme Court of Connecticut · 1827
- Inhabitants of Stratford v. SanfordSupreme Court of Connecticut · 1832
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