Legal Opinion

Tyler v. Todd

Supreme Court of Connecticut

Decided September 15, 1869PublishedCited by 20 opinions

Assumpsit against the defendant as an endorser of a promissory note; brought to the Superior Court in New Haven county and referred to an auditor. The plea was the general issue, with notice that the defendant denied the genuineness of the endorsement of his name upon the note. The auditor found the issue for the defendant and the plaintiffs remonstrated against the acceptance of the report.

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Assumpsit against the defendant as an endorser of a promissory note; brought to the Superior Court in New Haven county and referred to an auditor. The plea was the general issue, with notice that the defendant denied the genuineness of the endorsement of his name upon the note. The auditor found the issue for the defendant and the plaintiffs remonstrated against the acceptance of the report. The Superior Court found the facts upon' the remonstrance and reserved the questions arising thereon for the advice of this court. The case is sufficiently stated in the opinion. '

1Opinion of the CourtCarpenter, J.

The question before the auditor was, whether the name of Alfred Todd on the back of the note in suit was a genuine or false signature. It was claimed that his name had been forged to a large number of notes, amounting in the aggregate to a large sum, and that this was one of the forged notes. The auditor found the issue for the defendant, and the plaintiffs remonstrate against the acceptance of the report. The questions raised on the remonstrance will be considered in their order.

1. Francis Warner, a witness introduced by the plaintiffs, testified in chief that he received the note in suit…

2Cases cited2 opinions

  1. Merriam v. Hartford & New-Haven Rail-roadSupreme Court of Connecticut · 1850
  2. Rogers v. MooreSupreme Court of Connecticut · 1833

3Cited by20 opinions

  1. State v. GriswoldSupreme Court of Connecticut · 1896
  2. Nalley v. Hartford Carpet Co.Supreme Court of Connecticut · 1884
  3. Shakro v. HaddadSupreme Court of Connecticut · 1961
  4. First National Bank v. Wisdom's ExecutorsCourt of Appeals of Kentucky · 1901
  5. Webster Bank v. FlanaganConnecticut Appellate Court · 1999

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