Kennedy v. Howell
Supreme Court of Connecticut
This was an action on a promissory note or writing obligatory, under the defendant’s hand and seal, of the following tenor: $300 “ New-Haven, 28th September, 1846. On or before the 15th day of November next, for value received, I promise to pay to Andrew Kennedy, or order, three hundred dollars, for the sole and separate use of Eliza Howell.
Read the full summary
This was an action on a promissory note or writing obligatory, under the defendant’s hand and seal, of the following tenor: $300 “ New-Haven, 28th September, 1846. On or before the 15th day of November next, for value received, I promise to pay to Andrew Kennedy, or order, three hundred dollars, for the sole and separate use of Eliza Howell. As witness my hand and seal, John W. Howell.” [L. S.] The defendant pleaded the general issue, with notice of special matter to be given in evidence. The cause was tried at New-Haven, October term, 1849. On the trial, the defendant offered evidence to…
1Opinion of the CourtHinman, J.
The instrument declared on, is in the usual form of a promissory note, but, being under seal, and properly delivered, it is, in legal effect, an acknowledgment of indebtedness for the sum for which it was given, with an express covenant to pay it; a covenant being nothing more than a promise under seal. It was given for the benefit of the defendant’s wife ; and, on the trial, he offered to prove, that it was given without any valid consideration ; and that such consideration as there was for it, has failed-which he was not per mitted to do.
The law presumes, that covenants are made upon…
2Cases cited1 opinion
- Nichols v. PalmerSupreme Court of Connecticut · 1811
3Cited by1 opinion
- St. Paul's Episcopal Church v. FieldsSupreme Court of Connecticut · 1909