Bacon v. Page
Supreme Court of Connecticut
IN ERROR. THIS was an action against Bacon on a promissory note. The declaration stated, “ That the defendant, in and by a certain writing or note under his hand, by him well executed, dated the 7th day of June 1813, promised the plaintiff to pay to him, or order, for value received, the sum of two hundred ninety dollars and seventy cents, as by the said writing or note ready in court to be shewn appears ;” and concluded by averring, “ That the defendant, Promise aforesaid…
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IN ERROR. THIS was an action against Bacon on a promissory note. The declaration stated, “ That the defendant, in and by a certain writing or note under his hand, by him well executed, dated the 7th day of June 1813, promised the plaintiff to pay to him, or order, for value received, the sum of two hundred ninety dollars and seventy cents, as by the said writing or note ready in court to be shewn appears ;” and concluded by averring, “ That the defendant, Promise aforesaid not regarding, hath never performed the same, though often requested and demanded ; which is the damage of the…
1Opinion of the Court
Swift, Ch. J.
The plaintiff should declare on a contract according to its legal effect, and not on the evidence of the contract. The declaration should shew a consideration, a promise, and a breach of promise. In this case, it does not appear from the declaration that the note had become payable. The defendant might have produced a written agreement that it should he paid at some distant time. The legal effect of such note is, that it is payable on demand. The plaintiff should have so declared upon it; and then the note, when produced in evidence, would have proved the fact, unless the…
2Cited by14 opinions
- Raymond v. SellickSupreme Court of Connecticut · 1835
- Russell v. SladeSupreme Court of Connecticut · 1838
- Goshen & Sharon Turnpike Co. v. SearsSupreme Court of Connecticut · 1828
- Okie v. SpencerSupreme Court of Pennsylvania · 1837
- Curtis v. SmithSupreme Court of Connecticut · 1903
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