Legal Opinion

Kinney v. Whiton

Supreme Court of Connecticut

Decided January 15, 1877PublishedCited by 16 opinions

Assumpsit upon a contract to deliver a phaeton to one Boyce, by whom the contract was assigned to the plaintiff; brought to the Court of Common Pleas of Hartford County, and tried to the court, on the general issue with notice, before McManus, J. The court made the following finding of facts: On the 20th of October, 1868, one Boyce, a dealer in patent rights, and a resident of the state of New York, called on ■ Whiton, the defendant, who was a carriage maker residing in…

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Assumpsit upon a contract to deliver a phaeton to one Boyce, by whom the contract was assigned to the plaintiff; brought to the Court of Common Pleas of Hartford County, and tried to the court, on the general issue with notice, before McManus, J. The court made the following finding of facts: On the 20th of October, 1868, one Boyce, a dealer in patent rights, and a resident of the state of New York, called on ■ Whiton, the defendant, who was a carriage maker residing in Bloomfield in this state, and proposed to give him promissory notes in exchange for carriages of the defendant’s…

1Opinion of the CourtGranger, J.

The contract signed by the defendant, by which he promised, on or before May 1st, 1869, to deliver to Boyce or bearer a phaeton of a certain description and value, is clearly of no validity except as supported by a consideration. It states none upon its face, and the plaintiff, when he bought it of Boyce, must be presumed to have known that he was taking a document that was of no binding force in itself. The actual consideration was the note of Dyke & Babcock and its payment when due, the note falling due on the 6th of April, 1869, and the time of the delivery of the phaeton having been fixed…

2Cases cited3 opinions

  1. Preston v. MannSupreme Court of Connecticut · 1856
  2. Mitchell v. ReedCalifornia Supreme Court · 1858
  3. Middletown Bank v. JeromeSupreme Court of Connecticut · 1847

3Cited by16 opinions

  1. Townsend Savings Bank v. ToddSupreme Court of Connecticut · 1879
  2. Farmers State Bank v. AntonNorth Dakota Supreme Court · 1924
  3. Steinegger v. FieldsConnecticut Superior Court · 1980
  4. Wheeler v. YoungSupreme Court of Connecticut · 1903
  5. Carlon v. First Nat. BankOregon Supreme Court · 1916

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