Middletown Bank v. Jerome
Supreme Court of Connecticut
This was an action brought by the plaintiffs, as indorsees and holders of a promissory note, made by the defendant, for 2000 dollars, dated March 1st, 1844, and payable to Franklin Merrills, or order, four months after date. The defendant pleaded the general issue, with notice of special matter to be given in evidence, by way of defence.
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This was an action brought by the plaintiffs, as indorsees and holders of a promissory note, made by the defendant, for 2000 dollars, dated March 1st, 1844, and payable to Franklin Merrills, or order, four months after date. The defendant pleaded the general issue, with notice of special matter to be given in evidence, by way of defence. The cause was tried at New-Haven, October term 1846, before Church, J. 'The note declared on being produced in evidence, the defendant’s signature thereto was admitted. It was further proved and admitted, that on the 5th of March 1844, the note was…
1Opinion of the CourtEllsworth, J.
One claim made by the defendant, is, that the note in suit is accommodation paper, — given without consideration, and fraudulently obtained by the payee. To prove those facts, the receipt of Merrills was offered in evidence, as a part of the res gesta, but without any proof of the time of its execution, except the date of the receipt. The plaintiffs denied that the receipt was a part of the res gesta, and claimed that its date, alone, was no evidence of the time of its execution, as it respects third persons. But the court allowed the receipt to be read to the jury, informing them, however,…
2Cited by8 opinions
- Kinney v. WhitonSupreme Court of Connecticut · 1877
- Cary v. WheelerWisconsin Supreme Court · 1861
- Mangusi v. VigiliottiSupreme Court of Connecticut · 1926
- Chase's Appeal from ProbateSupreme Court of Connecticut · 1889
- French & Davies v. RoweSupreme Court of Iowa · 1864
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