Legal Opinion

Gillespie v. Wheeler

Supreme Court of Connecticut

Decided October 15, 1878PublishedCited by 4 opinions

Assumpsit against the defendant as guarantor of a bill of exchange; brought to the Court of Common Pleas of Fair-field County and tried to the court before Sail, J. Facts found and judgment rendered for the plaintiff. Motion for a new trial by the defendant. The case is sufficiently stated, in the opinion.

1Opinion of the CourtCarpenter, J.

The defendant, not being a party to a bill of exchange, indorsed it in blank. The plaintiff was the bond- fide holder thereof at its maturity. At that time the acceptor of the bill possessed property to the amount of two hundred and seventy-one dollars only. The face of the bill was four hundred and seventy-four dollars. No suit was commenced against the acceptor. Soon after the bill matured this suit was brought and the plaintiff obtained a judgment. The defendant filed a motion for a new trial.

The sole ground of defense is that the plaintiff did not use *411due diligence to collect tlie bill…

2Cases cited4 opinions

  1. Perkins v. CatlinSupreme Court of Connecticut · 1836
  2. Welton v. ScottSupreme Court of Connecticut · 1823
  3. Sheldon v. AckleySupreme Court of Connecticut · 1810
  4. Holbrook v. CampSupreme Court of Connecticut · 1871

3Cited by4 opinions

  1. Beardsley v. HawesSupreme Court of Connecticut · 1898
  2. Mazurkiewicz v. DowholonekSupreme Court of Connecticut · 1930
  3. Piascyk v. MalonSupreme Court of Connecticut · 1933
  4. Beitler v. RudkinSupreme Court of Connecticut · 1926

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