Edgerton v. Edgerton
Supreme Court of Connecticut
This was an action on a promissory note of the tenor following: “Granby, August 16, 1816. In four years after date, I promise to pay Jacob Edgerton one hundred dollars, and interest. Lanson Edgerton ” The declaration contained three counts. One was on the note in the usual form, except that instead of an averment of value received, the allegation was “ meaning for value received.” The second averred, that for a valuable consideration, the defendant executed the note.
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This was an action on a promissory note of the tenor following: “Granby, August 16, 1816. In four years after date, I promise to pay Jacob Edgerton one hundred dollars, and interest. Lanson Edgerton ” The declaration contained three counts. One was on the note in the usual form, except that instead of an averment of value received, the allegation was “ meaning for value received.” The second averred, that for a valuable consideration, the defendant executed the note. The third count stated, that the defendant was indebted to the deceased in the sum of 100 dollars, being part of the purchase…
1Opinion of the CourtWilliams, J.
The questions arising in the case are these: Do the terms of the note import a consideration? Was parol evidence properly admitted to show it? And was it sufficient to be left to the jury to prove that consideration?
As to the first question. It is not claimed, that the note declared upon was a specialty, by the common law; but that, by the usage of this state, it might be treated as such. “In Connecticut, promissory notes,” says Judge Swift, “from the earliest periods have been considered as specialties, so far as to import a consideration and to be declared upon as such.” Swift's Evid. 339.…
2Cited by6 opinions
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