Legal Opinion

Allen v. Rundle

Supreme Court of Connecticut

Decided March 15, 1882PublishedCited by 24 opinions

Assumpsit on a guaranty; brought to the Superior Court, and tried to the jury before Hitchcock, J. Upon .the trial the plaintiffs offered in evidence the following note and guaranty, the execution of which was admitted.: “ 7,000. Danbury, Nov. 25th, 1871. “ On demand, I promise to pay to Barnabas Allen and William F. Taylor, seven thousand dollars, with interest semi-annually, and the taxes that may accrue on the same, for value received. -Charles Benedict.”

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Assumpsit on a guaranty; brought to the Superior Court, and tried to the jury before Hitchcock, J. Upon .the trial the plaintiffs offered in evidence the following note and guaranty, the execution of which was admitted.: “ 7,000. Danbury, Nov. 25th, 1871. “ On demand, I promise to pay to Barnabas Allen and William F. Taylor, seven thousand dollars, with interest semi-annually, and the taxes that may accrue on the same, for value received. -Charles Benedict.” The guaranty was written on the back of the note and was signed by .all the defendants. “ For value received we jointly and severally…

1Opinion of the CourtLooms, J.

On the 25th day of November, 1871, Charles Benedict gave his note to the plaintiffs for the sum of seven thousand dollars, payable on demand, with interest semiannually and taxes. On the back of this note was the following written guaranty, signed by each of the defendants:—“For value received, we jointly and severally guarantee the within note good and collectible until paid.”

Although the declaration has a wider sweep, yet it is con*20ceded that the plaintiffs must recover, if at all, upon the contract of guaranty alone. All other grounds of action are excluded by the decision of this court…

2Cases cited29 opinions

  1. Yeager v. FarwellSupreme Court of the United States · 1871
  2. Cumpston v. McNairNew York Supreme Court · 1828
  3. Moakley v. RiggsNew York Supreme Court · 1821
  4. Fox v. HillsSupreme Court of Connecticut · 1815
  5. Perkins v. CatlinSupreme Court of Connecticut · 1836

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

3Cited by24 opinions

  1. New Amsterdam Casualty Co. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Fourth Circuit · 1927
  2. Rocklen, Inc. v. RadulescoConnecticut Appellate Court · 1987
  3. State v. ChapmanSupreme Court of Connecticut · 1993
  4. King v. KilbrideSupreme Court of Connecticut · 1889
  5. Georgia Casualty Co. v. Dixie Trust & Security Co.Court of Appeals of Georgia · 1919

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

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