Norwich Bank v. Hyde
Supreme Court of Connecticut
This was an action against Samuel L. Hyde, as indorser of a promissory note, made by Oliver Allen, for 200 dollars. The first count in the declaration was in common form : there was another, which it is not necessary to state. The cause was tried at New-London, September term, 1838, before Church, J. On the trial, the plaintiffs produced in evidence the following writing: “ $200. Norwich, Ct.
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This was an action against Samuel L. Hyde, as indorser of a promissory note, made by Oliver Allen, for 200 dollars. The first count in the declaration was in common form : there was another, which it is not necessary to state. The cause was tried at New-London, September term, 1838, before Church, J. On the trial, the plaintiffs produced in evidence the following writing: “ $200. Norwich, Ct. Feb. 6th, 1837. “ Sixty days after date, for value received, I promise to pay to the order of Amos D. Allen, dollars, at the Quine-baug Bank. Oliver Allen.” It was admitted, that the name of Oliver Allen…
1Opinion of the Court
Williams, Ch, J.
It is a well settled principle, that no precise form of words is necessary to constitute a note or bill of exchange; yet all the authorities agree, that the sqm must be specified, so as that it may be definitely known what sum was intended. Indeed, it seems to be a first principle, that the sum to be paid must be clearly and intelligibly expressed. Chitt. Bills, part 1. c. 3. s. 11. Beawes’ L. M. s. 193. Does this note, then, clearly and intelligibly import a promise to pay the sum of 200 dollars ? Or, does it appear to be an imperfect instrument ?
The question upon this…
2Cases cited3 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Boyd v. BrothersonNew York Supreme Court · 1833
- Bigelow v. BenedictSupreme Court of Connecticut · 1826
3Cited by14 opinions
- Ledwich v. . McKimNew York Court of Appeals · 1873
- Merritt v. A. W. Boyden & SonIllinois Supreme Court · 1901
- Perry Insurance & Trust Co. v. FosterSupreme Court of Alabama · 1877
- Stanford v. FeltCalifornia Supreme Court · 1886
- Vinson v. PalmerSupreme Court of Florida · 1903
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