Noble v. Comstock
Supreme Court of Connecticut
This was an action of assumpsit, founded on the following writing: “ Norwalk, December 29th, 1809. These do certify, that I, David Comstock of Norwalk, have received a note of hand, drawn on Nathan and James Keeler, of 300 dollars, bearing date 16th November, 1808; on which note there is due unto David Noble, sen., 81 dollars, 90 cents, which I promise to pay unto said Noble, with the interest which shall be due thereon, whenever I shall have collected the same of the said…
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This was an action of assumpsit, founded on the following writing: “ Norwalk, December 29th, 1809. These do certify, that I, David Comstock of Norwalk, have received a note of hand, drawn on Nathan and James Keeler, of 300 dollars, bearing date 16th November, 1808; on which note there is due unto David Noble, sen., 81 dollars, 90 cents, which I promise to pay unto said Noble, with the interest which shall be due thereon, whenever I shall have collected the same of the said Keelers, and not before. [Signed] David Comstock.” On the trial, at Fairfield, December term, 1819, before Bristol, J.,…
1Opinion of the Court
Hosmer, Ch. J.
There exists no doubt, as to the construction of the contract, on which the plaintiff has founded his!' suit. It is a promise to pay eighty one dollars and ninety cents, whenever that sum shall be collected of the Keel_ er-s. This is unequivocal, explicit, and very different from the one contended for ; that Comstock was to pay the money after he should have received it, and after he should first have applied one hundred and twenty dollars on a demand of his own. The testimony offered by the defendant, was rightly rejected.
In the first place, it would not have proved, that there…
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