Hoyt v. Seeley
Supreme Court of Connecticut
This was an action by the plaintiff, as holder 6f a check on the Stamford Bank, payable to one Waterbury, or bearer, drawn by the defendant. There were two counts in the declaration ; the first stating a delivery of the check, by the defendant, to Waterbury, and a subsequent delivery thereof, by Waterbury, to the plaintiff; the second, stating a delivery by the defendant, directly to the plaintiff.
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This was an action by the plaintiff, as holder 6f a check on the Stamford Bank, payable to one Waterbury, or bearer, drawn by the defendant. There were two counts in the declaration ; the first stating a delivery of the check, by the defendant, to Waterbury, and a subsequent delivery thereof, by Waterbury, to the plaintiff; the second, stating a delivery by the defendant, directly to the plaintiff. The cause was tried, at Danbury, October term 1840, before Williams, Ch. J. . The plaintiff having offered in evidence the check mentioned in the declaration, and having proved that it was-signed…
1Opinion of the CourtWaite, J.
The plaintiff offered in evidence the check, described in the first count in the declaration, proved that it was signed by the defendant, and claimed to have proved, that it was also delivered to him, by the defendant. On the *357other side, it was insisted, that the plaintiff could not recover upon that count, unless he proved a delivery by the defendant - to Waterbary, and by Waterbary to the plaintiff, as alleged. But the court informed the jury, that the plaintiff might recover, without proof of those facts.
Was that instruction erroneous l The rule upon this subject is, that a party may…
2Cited by13 opinions
- Blackwelder v. Fergus Motor Co.Montana Supreme Court · 1927
- In Re Estate of HoreSupreme Court of Minnesota · 1945
- Stevens v. ParkIllinois Supreme Court · 1874
- Beauregard v. KnowltonMassachusetts Supreme Judicial Court · 1892
- Werley v. DunnSuperior Court of Pennsylvania · 1914
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