Camp v. Bates
Supreme Court of Connecticut
This was an action against the defendant, as indorser of a promissory note, made by James C. Bates, payable to the defendant, or order, and by him indorsed to the plaintiff. It was for 3236 dollars, dated February 14th, 1832, payable on the 1st of January, 1834, with interest to be paid annually from the 1st of January, 1832. The declaration alleged a demand on the maker, when the note became due, and notice of non-payment to the defendant.
Read the full summary
This was an action against the defendant, as indorser of a promissory note, made by James C. Bates, payable to the defendant, or order, and by him indorsed to the plaintiff. It was for 3236 dollars, dated February 14th, 1832, payable on the 1st of January, 1834, with interest to be paid annually from the 1st of January, 1832. The declaration alleged a demand on the maker, when the note became due, and notice of non-payment to the defendant. The cause was tried at Haddam, August term, 1836, before Huntington, J. On the trial, the defendant set up two grounds of defence. He claimed, that no…
1Opinion of the Court
Huntington J.
No exception is taken to that part of the instruction, which states the legal requisites of a valid waiver, or from which it may be inferred ; but it is insisted, that as the declaration avers a demand and notice in fact, the plaintiff is bound to strict proof of these averments, and cannot give in evidence any facts, which constitute, or tend to show, a waiver of them. This presents one of the grounds upon which the motion for a new trial is founded.
If the point now made, could be considered as open to discussion, we should feel no difficulty in giving our sanction to the…
2Cases cited12 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- State of Connecticut v.JacksonNew York Court of Chancery · 1814
- Barbell v. JoyMassachusetts Supreme Judicial Court · 1819
- Schieffelin v. StewartNew York Court of Chancery · 1815
- Van Benschooten v. LawsonNew York Court of Chancery · 1822
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Patton v. Bank of LaFayetteSupreme Court of Georgia · 1906
- Atlas Realty Corporation v. HouseSupreme Court of Connecticut · 1936
- Miner v. Paris Exchange BankTexas Supreme Court · 1880
- Crider v. San Antonio Real Estate, Building & Loan Ass'nTexas Supreme Court · 1896
- In Re Connaught Properties, Inc.United States Bankruptcy Court, D. Connecticut · 1995
9 more not listed; retrieve them via the Exa API.