Walbridge v. Arnold
Supreme Court of Connecticut
This was an action on a promissory note, alleging, that the defendants, in and by a certain writing or note, under their hand, by them well executed, dated the 16th day of June, 1849, promised the plaintiff to pay him, sixty days after said date, for value received, the sum of 200 dollars and 12 cents, with interest; with a profert of the note. To this were added the common counts.
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This was an action on a promissory note, alleging, that the defendants, in and by a certain writing or note, under their hand, by them well executed, dated the 16th day of June, 1849, promised the plaintiff to pay him, sixty days after said date, for value received, the sum of 200 dollars and 12 cents, with interest; with a profert of the note. To this were added the common counts. The defendants pleaded the general issue, with notice of special matter to be given in evidence. The cause was tried at Hartford, January term, 1852. On the trial, the plaintiff offered in evidence a note, the body…
1Opinion of the Court
Church, Ch. J.
There are several matters to which our attention has been called, supposed to be suggested by this motion, to which we have not thought it necessary to advert. They are immaterial. Some other questions deserve consideration.
1. The declaration contains two counts; one special, declaring on the note in suit; the other a general money count; both counts intended to set up the same cause of action. In the special count, it is alleged, that the defendants, in and by a certain writing or note, under their hands, by them well executed, promised, &c. Under this allegation, it appeared,…
2Cited by10 opinions
- Morse v. WoodworthMassachusetts Supreme Judicial Court · 1892
- Mascolo v. MontesantoSupreme Court of Connecticut · 1891
- Foote v. De PoySupreme Court of Iowa · 1905
- Hensinger v. DyerSupreme Court of Missouri · 1898
- Hargreaves v. KorcekNebraska Supreme Court · 1895
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