Schine v. Johnson
Supreme Court of Connecticut
Action by the indorsee against the indorsers of a promissory note, brought to and tried by the Court of Common Pleas in Fairfield County, Walsh, J.; facts found and judgment rendered for the plaintiff for $631, and appeal by the defendants.
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Action by the indorsee against the indorsers of a promissory note, brought to and tried by the Court of Common Pleas in Fairfield County, Walsh, J.; facts found and judgment rendered for the plaintiff for $631, and appeal by the defendants. The note in suit was for $600, with interest at the rate of five per cent, payable in semiannual instalments of $50 each to the order of the defendant David J. Johnson, and contained an agreement that if any semiannual payment remained unpaid when due the whole unpaid principal should become due and payable on demand. The complaint alleged that David J.…
1Opinion of the CourtBeach, J.
The Negotiable Instruments Act provides that as between the immediate parties to the instrument “the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.” General Statutes, § 4186. This was so before the Act. McFarland v. Sikes, 54 Conn. 250, 7 Atl. 408; Trumbull v. O’Hara, 71 Conn. 172, 177, 41 Atl. 546. In this case there is no question but what the delivery was for the purpose of transferring the property in the instrument, for the note in suit was given and received in part payment of an…
2Cases cited3 opinions
- McFarland v. SikesSupreme Court of Connecticut · 1886
- Burns & Smith Lumber Co. v. DoyleSupreme Court of Connecticut · 1899
- Trumbull v. O'HaraSupreme Court of Connecticut · 1898
3Cited by4 opinions
- Routier v. WilliamsNorth Dakota Supreme Court · 1925
- Dant & Russell, Inc. v. OstlindOregon Supreme Court · 1934
- First Nat. Bank of Hazard's Receiver v. HigniteCourt of Appeals of Kentucky (pre-1976) · 1931
- Girard National Bank v. BrodyNew York Supreme Court · 1924