McCasky v. Sherman
Supreme Court of Connecticut
This was an action of assumpsit to recover the amount of a promissory note. The declaration contained a special count to which the common counts were added. The note declared on was for the sum of $755.87; was dated at Albany on the 16th day of January, 1849; was payable ninety days after date, at the bank of Albany, to the order of the defendant, and signed and endorsed by him. The defendant pleaded the general issue with notice of special matter to be given in evidence.
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This was an action of assumpsit to recover the amount of a promissory note. The declaration contained a special count to which the common counts were added. The note declared on was for the sum of $755.87; was dated at Albany on the 16th day of January, 1849; was payable ninety days after date, at the bank of Albany, to the order of the defendant, and signed and endorsed by him. The defendant pleaded the general issue with notice of special matter to be given in evidence. The superior court for the county of Hartford, at the term holden in December, 1855, found the following facts, and…
1Opinion of the CourtStores, J.
The court dismiss all enquiry into those claims of fact and law, made by the parties, which have reference to a former note of which the plaintiff was holder, and the defendant was endorser. Our view of other aspects of the ease renders it unnecessary to decide whether the defendant, being directly indebted to the plaintiff, on account of having been legally charged with a liability, as such endorser, caused the note now in suit to be delivered to the latter, in satisfaction of that indebtedness, or whether, as claimed by the defendant, there was no such indebtedness at all, by reason of the…
2Cases cited1 opinion
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
3Cited by2 opinions
- Shufeldt v. PeaseWisconsin Supreme Court · 1863
- Ives v. Farmers' BankMassachusetts Supreme Judicial Court · 1861