Brown v. Wilcox
Supreme Court of Connecticut
Action to recover the amount of a non-negotiable promissory note, brought to the Superior Court in New London County and tried to the jury before Thayer, J.; verdict and judgment for the plaintiff, and appeal by the defendant for alleged errors in the rulings and charge of the court.
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Action to recover the amount of a non-negotiable promissory note, brought to the Superior Court in New London County and tried to the jury before Thayer, J.; verdict and judgment for the plaintiff, and appeal by the defendant for alleged errors in the rulings and charge of the court. In January, 1878, the defendant indorsed in blank and delivered to the plaintiff a writing, a copy of which is as follows:— “Norwich, Conn., January 1,1876. “ On demand for value received I promise to pay Calvin Wilcox five hundred dollars with interest. “ Gordon Wilcox.” For this note he received from the…
1Opinion of the CourtTobbance, J.
The rights and duties of the parties in this case are to be determined by the law relating to the indorsement of non-negotiable notes which prevailed when the indorsement in question was made, and not by that law, as it now is, under the negotiable instruments law. When this indorsement was made it implied, prima facie, a contract on the part of the indorser “ that the note is due and payable according to its tenor, that the maker shall be of ability to pay it when it comes due, and that it is collectible by the use of due diligence.” Perkins v. Catlin, 11 Conn. 213; Ransom v. Sherwood, 26…
2Cases cited3 opinions
- Perkins v. CatlinSupreme Court of Connecticut · 1836
- City Savings Bank v. HopsonSupreme Court of Connecticut · 1885
- Castle v. CandeeSupreme Court of Connecticut · 1844
3Cited by4 opinions
- Ziman v. WhitleySupreme Court of Connecticut · 1929
- Mazurkiewicz v. DowholonekSupreme Court of Connecticut · 1930
- Oley v. MillerSupreme Court of Connecticut · 1901
- M-A-C Loan Plan, Inc. v. SchabelConnecticut Appellate Court · 1969