Legal Opinion

Austin, Nichols Co., Inc. v. Gross

Supreme Court of Connecticut

Decided April 4, 1923PublishedCited by 33 opinions

Action to recover the amount of a bank check signed by the defendant and payable to the order of the plaintiff, brought to and tried by the Court of Common Pleas in Hartford County, Dickenson, J.; facts found and judgment rendered for the plaintiff for $344, and appeal by the defendant. Error and new trial ordered. The plaintiff is a corporation, engaged in the wholesale grocery business.

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Action to recover the amount of a bank check signed by the defendant and payable to the order of the plaintiff, brought to and tried by the Court of Common Pleas in Hartford County, Dickenson, J.; facts found and judgment rendered for the plaintiff for $344, and appeal by the defendant. Error and new trial ordered. The plaintiff is a corporation, engaged in the wholesale grocery business. The defendant was a retailer in that business, under the trade name of State Street Grocery Company, from December 21st to April, 1922, when the business was incorporated under the name of the State Street…

1Opinion of the CourtWheeler, C. J.

All of the questions set forth in the statement were asked by defendant’s counsel, as the parties agree, either for the purpose of proving the defendant’s claim that this check was the check of State Street Grocery Company, Inc., and not the defendant’s personal check, or for the purpose of proving the defendant’s authority to act for the Company. Other rulings complained of are either bad in form or immaterial.

The plaintiff’s objection was evidently based upon the ground that parol evidence was not admissible to prove these facts. If parol evidence was admissible, the rulings were erroneous.…

2Cases cited14 opinions

  1. Mechanics' Bank v. Bank of ColumbiaSupreme Court of the United States · 1820
  2. Megowan v. . PetersonNew York Court of Appeals · 1902
  3. Carpenter v. FarnsworthMassachusetts Supreme Judicial Court · 1871
  4. Jump v. SparlingMassachusetts Supreme Judicial Court · 1914
  5. Germania National Bank of Milwaukee v. MarinerWisconsin Supreme Court · 1906

9 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Fink v. Montgomery Elevator Company of ColoradoSupreme Court of Colorado · 1966
  2. Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
  3. Coal River Collieries v. Eureka Coal & Wood Co.Supreme Court of Virginia · 1926
  4. Fidelity & Casualty Co. v. Constitution National BankSupreme Court of Connecticut · 1975
  5. New Georgia National Bank of Albany, Georgia v. J. & G. LippmannNew York Court of Appeals · 1928

28 more not listed; retrieve them via the Exa API.

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