Robinson v. Lyman
Supreme Court of Connecticut
This was an action in favour of the indorsee of a promissory note against the maker. The note was for the sum of 955 dollars, 21 cents; was dated the 29th of October, 1827; and was payable to John Moore, or order, thirty days after date.
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This was an action in favour of the indorsee of a promissory note against the maker. The note was for the sum of 955 dollars, 21 cents; was dated the 29th of October, 1827; and was payable to John Moore, or order, thirty days after date. The cause was tried at New-London, September term, 1832, before Bissell, J. The defendant, under a notice for that purpose, offered to set off against the claim of the plaintiff, as indorsee of the note, several demands, which he claimed to be djie to him from Moore, the payee. The exact time of the transfer or indorsement of the note, by Moore, to the…
1Opinion of the CourtChurch, J.
The principle is certainly well established, and not to be denied, that the indorsee of a negotiable promissory note, indorsed after due, is considered as receiving dishonour-ed paper, and takes it subject to all the infirmities and equities, and, some cases say, defences, to which it was liable in the hands of the payee. But will the proper application of this principle justify the claim of the defendant, in the present case, is the question? 2 Stark. Ev. 292. Chitty on Bills 126. and cases referred to. Bishop v. Dexter, 2 Con. Rep. 419. Nevins v. Townsend, 6 Con. Rep. 5. There was no…
2Cases cited2 opinions
- Bridge v. JohnsonCourt for the Trial of Impeachments and Correction of Errors · 1830
- Nevins v. TownsendSupreme Court of Connecticut · 1825
3Cited by8 opinions
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- Bowen v. ThrallSupreme Court of Vermont · 1856
- State Bank v. HayesSouth Dakota Supreme Court · 1902
- Robinson v. PerrySupreme Judicial Court of Maine · 1882
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