Hurlburt v. Bradley
Supreme Court of Connecticut
Action by the indorsee against the maker and indorser of a promissory note for $500, brought to the Court of Common Pleas in New Haven County and tried to the jury before Simpson, J.; verdict for the plaintiff, which the trial court accepted and rendered judgment upon as against the defendant Bradley, but set aside as against the defendant Russell, the indorser, as against the evidence, and from this decision the plaintiff appealed.
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Action by the indorsee against the maker and indorser of a promissory note for $500, brought to the Court of Common Pleas in New Haven County and tried to the jury before Simpson, J.; verdict for the plaintiff, which the trial court accepted and rendered judgment upon as against the defendant Bradley, but set aside as against the defendant Russell, the indorser, as against the evidence, and from this decision the plaintiff appealed. On March 20th, 1897, the defendant Bradley, by his promissory note, promised to pay to the order of the defendant Russell, $500 six months after date, at the…
1Opinion of the CourtBeach, J.
No evidence was offered in support of the allegation of an express waiver of the presentment and notice at the time of the indorsement; and the first question is whether a new promise to pay, made by the indorser long after his discharge by omission to make presentment and give due notice of dishonor, re vives his liability as indorser, when the promise is made with full knowledge of the laches of the holder.
Until the Negotiable Instruments Act of 1897, the rule, in Connecticut was that stated in the headnote to Huntington v. Harvey, 4 Conn. 124, 125: “The promise of the indorser of a note,…
2Cases cited4 opinions
- Breed v. HillhouseSupreme Court of Connecticut · 1829
- Mechanics' & Farmers' Savings Bank v. KatterjohnCourt of Appeals of Kentucky · 1910
- Huntington v. HarveySupreme Court of Connecticut · 1821
- Spencer v. AllertonSupreme Court of Connecticut · 1891
3Cited by4 opinions
- Cion v. SchupackSupreme Court of Connecticut · 1925
- Donnelly v. GarvanSupreme Court of Connecticut · 1930
- Warneke v. PreissnerSupreme Court of Connecticut · 1925
- Babin Zill Sash & Door Co v. LyonsOhio Court of Appeals · 1930