Clark v. Sigourney
Supreme Court of Connecticut
This was an action, by the indorsee, against one of the makers, of a joint promissory note, for 300 dollars, dated the 23d of March 1836, payable to John Caldwell, or order, on or before the 1st of April 1837. The declaration alleged, that the note was made jointly by Thomas Lloyd and the defendant; that Lloyd had died, and the defendant was the survivor ; and that “ said Caldwell, by his indorsement of the - same note in writing, under his hand, ordered the contents thereof…
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This was an action, by the indorsee, against one of the makers, of a joint promissory note, for 300 dollars, dated the 23d of March 1836, payable to John Caldwell, or order, on or before the 1st of April 1837. The declaration alleged, that the note was made jointly by Thomas Lloyd and the defendant; that Lloyd had died, and the defendant was the survivor ; and that “ said Caldwell, by his indorsement of the - same note in writing, under his hand, ordered the contents thereof to be paid to the plaintiff, or his order, according to the tenor of said note.” The defendant pleaded, 1st, non…
1Opinion of the CourtStorks, J.
On the trial of this cause, several claims were made by the defendant, and overruled by the presiding judge, of which no notice has been taken on the argument here ; but as a new trial is to be had on another ground, and those points may again be raised, it is proper for us to express an opinion upon them.
In Bound & al. v. Lathrop, 4 Conn. R. 336. it was decided, that the acknowledgment of one of several joint makers of a promissory note, was sufficient, to take it out of the statute of limitations as against the others, on the ground that the admissions of one of several joint contractors,…
2Cases cited2 opinions
- Townsley v. SumrallSupreme Court of the United States · 1829
- William T. Galt and Others v. James Galloway, Jun. And OthersSupreme Court of the United States · 1830
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- Goodrich v. StantonSupreme Court of Connecticut · 1899
- Underwood Typewriter Co. v. Century Realty Co.Supreme Court of Missouri · 1909
- Pineman v. OechslinDistrict Court, D. Connecticut · 1980
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