Norton v. Lewis
Supreme Court of Connecticut
THIS was an actios of assumpsit, brought against the defendant as indorser of a promissory note, stated to be made on the 1st of January 1814, at Meriden, by Aaron Evarts, by which he promised to pay Theophilus Hall, or order, one year after the date, 100 dollars. Hall indorsed the note to the defendant ⅜ and the defendant to the plaintiff.
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THIS was an actios of assumpsit, brought against the defendant as indorser of a promissory note, stated to be made on the 1st of January 1814, at Meriden, by Aaron Evarts, by which he promised to pay Theophilus Hall, or order, one year after the date, 100 dollars. Hall indorsed the note to the defendant ⅜ and the defendant to the plaintiff. The declaration averred, that when said note became due and payable, according to the tenor and effect thereof, to wit, on the 1st day of January 1815, at Meriden aforesaid, the payment of said note, so indorsed as aforesaid, was demanded ff that payment…
1Opinion of the Court
Swift, Ch. J.
When the statute made promissory notes assignable according to the custom of merchants, it communicated to them all the properties of negotiable instruments. As these arc entitled to days of grace, it follows, of course, *480tliat notes made assignable by statute, must be entitled ten days of grace.
The declaration, in this case, is drawn in the same manner as if the -note ..was not entitled todays of grace ; and-, it appears, from'the facts found by the special verdict, that the plaintiff relies upon a waiver of the demand and notice. The defendant insists, that the plaintiff cannot…
2Cited by14 opinions
- Tebbetts & Pearce v. DowdNew York Supreme Court · 1840
- Hartford Bridge Co. v. Union Ferry Co.Supreme Court of Connecticut · 1860
- Levy v. Peabody Insurance Co.West Virginia Supreme Court · 1877
- Camp v. BatesSupreme Court of Connecticut · 1836
- Harrison v. BaileyMassachusetts Supreme Judicial Court · 1868
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