Beckwith v. Ryan
Supreme Court of Connecticut
Action to recover the amount of two promissory notes given for an insurance premium, brought to the Court of Common Pleas in Hartford County and tried to the court, Walsh, J.; facts found and judgment rendered for the'defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The notes (one for $278.65 and the other for $200) were given by the defendant, payable to the order of P. G. Gorton, special agent, and indorsed to the plaintiff.
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Action to recover the amount of two promissory notes given for an insurance premium, brought to the Court of Common Pleas in Hartford County and tried to the court, Walsh, J.; facts found and judgment rendered for the'defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The notes (one for $278.65 and the other for $200) were given by the defendant, payable to the order of P. G. Gorton, special agent, and indorsed to the plaintiff. The answer set up as a first defense a general denial; and as a second defense, that the notes were obtained by the payee, P. G.…
1Opinion of the CourtHamersley, J.
The plaintiff obtained the notes sued upon with full knowledge of the fraud by which the defendant was induced to execute them, and so the second defense is as good against the plaintiff, as it would be against the payee of the notes in a suit brought by him.
The fraud proved is this: The special agent of a life insurance company in soliciting the defendant (who is entirely ignorant of the system and principles of life insurance) to take out a policy in his company, undertakes to satisfy him that a ten-year endowment policy for $5,000 is a good business investment, by which the money paid for…
2Cases cited3 opinions
- Schlegal v. AllertonSupreme Court of Connecticut · 1894
- Watson v. AtwoodSupreme Court of Connecticut · 1856
- Penn Mutual Life Insurance v. CraneMassachusetts Supreme Judicial Court · 1883
3Cited by5 opinions
- Keithley v. Mutual Life InsuranceIllinois Supreme Court · 1916
- Lierheimer v. Minnesota Mutual Life InsuranceMissouri Court of Appeals · 1907
- City Trust Co. v. JenningsSupreme Court of Connecticut · 1969
- Land Finance Corporation v. FitzgeraldSupreme Court of Connecticut · 1927
- Provident Savings L. Assur. Co. v. StatlerOhio Circuit Courts · 1911