Rhodes v. Seymour
Supreme Court of Connecticut
Assumpsit, brought to the Superior Court in Hartford County, against the defendant, as executor of Horace K. Seymour, deceased, on the following instrument:— “ $500, Hartford, Dec. 28, 1865. On demand for value received we promise to pay Chauneey Rhodes or order five hundred dollars with interest. Deming & Seymour.” (Endorsed,) Horace K. Seymour. George W. Seymour. . The declaration contained four counts.
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Assumpsit, brought to the Superior Court in Hartford County, against the defendant, as executor of Horace K. Seymour, deceased, on the following instrument:— “ $500, Hartford, Dec. 28, 1865. On demand for value received we promise to pay Chauneey Rhodes or order five hundred dollars with interest. Deming & Seymour.” (Endorsed,) Horace K. Seymour. George W. Seymour. . The declaration contained four counts. The first count alleged that “ on the 28th day of December, 1865, in consideration that the plaintiff then lent, advanced and furnished to the firm of Deming & Seymour the sum of five…
1Opinion of the CourtButler, J.
None of.the counts of this declaration set forth such a contract as the law implies from such a blank endorsement.
The contract so implied- contains three elements, viz : 1st, that the note is due ; 2d, that the maker shall be of ability to pay it when it reaches maturity; and 3d, that it shall then be collectible by due diligence. The contract set forth in the declaration is variant, because it is not alleged in any of the counts that the endorser warranted that the note should be collectible by the use of due diligence. While therefore the contract implied by law is conditional in requiring…
2Cases cited3 opinions
- Livingston v. RogersNew York Supreme Court · 1804
- Pease v. PhelpsSupreme Court of Connecticut · 1834
- Usher v. Town of ColchesterSupreme Court of Connecticut · 1866
3Cited by4 opinions
- Rothschild v. GrixMichigan Supreme Court · 1875
- Brown & Bros. v. BrownSupreme Court of Connecticut · 1888
- Lynch v. SkellySupreme Court of Connecticut · 1951
- Beitler v. RudkinSupreme Court of Connecticut · 1926