Doughty v. Savage
Supreme Court of Connecticut
Assumpsit, upon an indorsement, by tbe defendant, by the name of Savage & Co., of a note made by one Dan Gaines for $220, dated July 30, 1856. The defense was, that [ *147 ] the *note was indorsed for the accommodation of Gaines, and delivered to the plaintiffs under a composition agreement between Gaines and his creditors, and that the note was void by reason of the fraudulent conduct of the plaintiffs in the transaction.
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Assumpsit, upon an indorsement, by tbe defendant, by the name of Savage & Co., of a note made by one Dan Gaines for $220, dated July 30, 1856. The defense was, that [ *147 ] the *note was indorsed for the accommodation of Gaines, and delivered to the plaintiffs under a composition agreement between Gaines and his creditors, and that the note was void by reason of the fraudulent conduct of the plaintiffs in the transaction. The plaintiffs were partners under the name of S. G. Doughty & Co. The case was tried to the jury. The composition agreement was as follows: “ We, the undersigned,…
1Opinion of the CourtStokes, C. J.
It is unnecessary to consider the law as applicable to the claim of the plaintiffs, that the indorsement bv the defendant of the note in question was made in pursuance of, and to carry into effect, an agreement of an isolated and independent character between the plaintiffs and Gaines, which had no connection with, and was not to be affected by, the action of any of the other creditors of the latter; because the existence of such an isolated or independent agreement was negatived by the jury. For, under the charge of the court, they must have found that the indorsement of the defendants was…
2Cited by17 opinions
- American National Bank v. DonnellanCalifornia Supreme Court · 1915
- Clement's Appeal from ProbateSupreme Court of Connecticut · 1882
- Fassnacht v. Emsing Gagen Co.Indiana Court of Appeals · 1897
- Atlantic Trust & Deposit Co. v. Union Trust & Title Corp.Supreme Court of Virginia · 1909
- Huntington v. ClarkSupreme Court of Connecticut · 1873
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