J. E. Smith & Co. v. W. M. Hurlburt Co.
Supreme Court of Connecticut
Action to recover the amount of a written order upon the defendant, which was alleged to have been accepted by it, brought to the City Court of Waterbury and thence, by the defendant’s appeal, to the District Court of Waterbury and tried to the court, Makepeace, J.; facts found and judgment rendered for the plaintiff for $327, and appeal by the defendant.
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Action to recover the amount of a written order upon the defendant, which was alleged to have been accepted by it, brought to the City Court of Waterbury and thence, by the defendant’s appeal, to the District Court of Waterbury and tried to the court, Makepeace, J.; facts found and judgment rendered for the plaintiff for $327, and appeal by the defendant. This is an action on the acceptance by the defendant of a nonnegotiable bill of exchange drawn by one Pettine, payable to the plaintiff when certain plastering was done. The defendant pleaded a general denial and, as finally amended, a…
1Opinion of the CourtGager, J.
This is an action by the payee of a nonnegotiable bill of exchange against the acceptor. It is claimed that the court erred in sustaining the demurrer to paragraphs 2, 3 and 5 of the first special defense. The bill drawn by Pettine as the basis of the complaint, and the acceptance of the defendant, were in the form following, to wit: “Please pay J. E. Smith & Co., Inc., $250.00 on the Wilson job and charge the same to my account.” The acceptance was conditional and was as follows: “Accepted. The W. M. Hurlburt Company, C. W. Hurlburt. Payable when plastering is done.”
The first special defense…
2Cases cited11 opinions
- In re Curtis & Castle ArbitrationSupreme Court of Connecticut · 1894
- Burns & Smith Lumber Co. v. DoyleSupreme Court of Connecticut · 1899
- Windsor Cement Co. v. ThompsonSupreme Court of Connecticut · 1913
- Cook v. WolfendaleMassachusetts Supreme Judicial Court · 1870
- Corbett v. ClarkWisconsin Supreme Court · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Clifford v. West Hartford Creamery Co.Supreme Court of Vermont · 1931
- MacKey v. DobruckiSupreme Court of Connecticut · 1933
- J. E. Smith & Co. v. SaySupreme Court of Connecticut · 1925
- Schmaling v. Greenwich Title Co.Connecticut Superior Court · 1946
- Eastern Plumbing Supply Co. v. LevittSupreme Court of Connecticut · 1930
3 more not listed; retrieve them via the Exa API.