Legal Opinion

Mascolo v. Montesanto

Supreme Court of Connecticut

Decided June 19, 1891PublishedCited by 16 opinions

Action on a promissory note; brought to the City Court of the city of New Haven, and tried to the court before Pickett, J. Facts found and judgment rendered for the plaintiff, and appeal by the defendant. The case is fully-stated-in the opinion.

1Opinion of the Court

Andrews, C. J.,

A minor son of the defendant was sued in a civil action for an assault and battery and his body attached. The defendant went with his son and the officer to the office of the attorney who had issued the complaint. He there met the plaintiff, and such negotiations were had that the defendant paid twenty dollars in money and gave his note for the sum of eighty dollars to the plaintiff, and the action for assault was withdrawn. The note was in these words:

“ New Haven, Conn., Apr. 5th, 1890.
“ For value received, in consideration of the withdrawal of a suit against my son Achillo…

2Cases cited5 opinions

  1. Sage v. WilcoxSupreme Court of Connecticut · 1826
  2. Stoddard v. MixSupreme Court of Connecticut · 1840
  3. Pratt v. HumphreySupreme Court of Connecticut · 1852
  4. Walbridge v. ArnoldSupreme Court of Connecticut · 1852
  5. Downing v. ElyMassachusetts Supreme Judicial Court · 1878

3Cited by16 opinions

  1. Keogh v. City of BridgeportSupreme Court of Connecticut · 1982
  2. Means v. StateWisconsin Supreme Court · 1905
  3. State v. RutledgeSupreme Court of Missouri · 1954
  4. Cole v. StateCourt of Criminal Appeals of Oklahoma · 1946
  5. McAtee v. ShadeCourt of Appeals for the Eighth Circuit · 1910

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