Newell v. Wright
Supreme Court of Connecticut
This was an action in favour of the holder of a negotiable promissory note, dated the 24th of June 1829, for 750 dollars, made by Henry Benton, payable to the defendant, and by him indorsed to the plaintiff. The defendant pleaded non assumpsit, and accompanied the plea with notice that he should prove the following facts, on the trial, viz.
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This was an action in favour of the holder of a negotiable promissory note, dated the 24th of June 1829, for 750 dollars, made by Henry Benton, payable to the defendant, and by him indorsed to the plaintiff. The defendant pleaded non assumpsit, and accompanied the plea with notice that he should prove the following facts, on the trial, viz. That the note was delivered to the plaintiff, on or about the 25th of June, 1829, indorsed by the defendant, for the accommodation of the maker, for 300 dollars, borrowed, by Benton, of the plaintiff; that for this sum Benton gave his check on the Hartford…
1Opinion of the CourtDaggett, J.
It was agreed, on the trial, that the note in suit was made and indorsed; that payment was demanded, and notice of non-payment given in due time; and that the plaintiff, therefore, was entitled to recover the amount of the 750 dollars and interest,—unless the facts alleged in the notice were substantially proved.
In proof of these facts, the deposition of Henry Benton, (he having been by the defendant previously discharged from all liability to him,) was read to the jury. The deponent swears to the facts stated in the notice. He also swears, that when he deposited the note, he took of the…
2Cases cited3 opinions
- Bartholomew v. ClarkSupreme Court of Connecticut · 1816
- Johnson v. ScribnerSupreme Court of Connecticut · 1826
- Nichols v. AlsopSupreme Court of Connecticut · 1827
3Cited by1 opinion
- Fearing v. De WolfU.S. Circuit Court for the District of Rhode Island · 1847