Burns & Smith Lumber Co. v. Doyle
Supreme Court of Connecticut
Action by the payee against the acceptor of a bill of exchange to recover the amount thereof, brought to the Court of Common Pleas for Fairfield County and tried to the court, Curtis, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court.
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Action by the payee against the acceptor of a bill of exchange to recover the amount thereof, brought to the Court of Common Pleas for Fairfield County and tried to the court, Curtis, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff for alleged errors in the rulings of the court. The following is a copy of the bill of exchange counted upon in the complaint: — “Bbidgepobt, Conn., June 24,1893. “ Mr. Thomas Doyle : “ Please pay to The Burns & Smith Lumber Co., or order, the sum of four hundred, twenty ($420.00) and no/100 dollars, value received, and charge…
1Opinion of the CourtTobbabee, J.
The acceptance sued upon is in writing, and is an absolute and unqualified one, as distinguished from a conditional one. It is well settled that in an action at law such an acceptance cannot be cut down to a conditional one, even by the clearest proof of a contemporaneous oral agreement to that effect. Such an agreement, however conclusively proved, would not avail the defendant for such a purpose, and therefore all evidence of it is excluded. Osborne v. Taylor, 58 Conn. 439; Averill v. Sawyer, 62 id. 560; Caulfield v. Hermann, 64 id. 325; Hills v. Farmington, 70 id. 450, 453.
But if the…
2Cases cited6 opinions
- McFarland v. SikesSupreme Court of Connecticut · 1886
- Michels v. OlmsteadSupreme Court of the United States · 1895
- Atwood v. WeltonSupreme Court of Connecticut · 1889
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- Beard v. BoylanSupreme Court of Connecticut · 1890
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