Elton v. Johnson
Supreme Court of Connecticut
This was an action of assumpsit. The declaration contained five counts. The three first of these were demurred to, and were reserved, by the court, for a separate consideration.
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This was an action of assumpsit. The declaration contained five counts. The three first of these were demurred to, and were reserved, by the court, for a separate consideration. The fourth count stated, That on the 27th of January, 1840, William H. Jones and Joseph Tomlinson, composing the firm of Jones & Tomlinson, were indebted to the plaintiff, by a certain promissory note, dated the 27th of April, 1839, for the sum of 500 dollars, payable to the plaintiff, on demand, with annual interest, and expressed to be for value received; that on said 27th of January, in consideration of the…
1Opinion of the CourtStorrs, J.
The question in this case, is, whether the evidence of Jones, in connexion with the note and guaranty produced on the trial, conduced to prove the defendant’s agreement, as stated in either of the two last counts of the declaration. The consideration, as stated in the fourth count, is *259the plaintiff’s promise of forbearance to collect said note of the makers, for twelve months from the date of said guaranty; and that stated in the fifth count, is the plaintiff’s promise of forbearance for a reasonable time from the date of said guaranty. That forbearance for some time, was the consideration of…
2Cited by6 opinions
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- Neumann v. NeumannConnecticut Superior Court · 1946
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