Terry v. Bissell
Supreme Court of Connecticut
Assumpsit for money had and received. The defendants, who were private bankers in the city of Hartford, and engaged in the business of buying and selling notes, on the 1st day of August, 1855, sold to the plaintiff a note of the following description. “ Hartford, July 19, 1855. Sixty days after date I promise to pay to the order of George W. Gorton, three hundred and fifty dollars at the Charter Oak Bank. George F. Gorton.” (Indorsed) “ George W. Gorton, C. G. Smith.”
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Assumpsit for money had and received. The defendants, who were private bankers in the city of Hartford, and engaged in the business of buying and selling notes, on the 1st day of August, 1855, sold to the plaintiff a note of the following description. “ Hartford, July 19, 1855. Sixty days after date I promise to pay to the order of George W. Gorton, three hundred and fifty dollars at the Charter Oak Bank. George F. Gorton.” (Indorsed) “ George W. Gorton, C. G. Smith.” The signature of the maker was genuine, but both the indorsements were forgeries. The note at the time of the sale was the…
1Opinion of the CourtEllsworth, J.
The question made in this case is, whether the sale of this note to the plaintiff is a sale of a specific instrument, just as it is, true or false, or a note of hand truly indorsed as it purports to be by George W. Gorton and C. G. Smith. If it be the former, the plaintiff can not recover; if the latter, then, in the opinion of a majority of the court, he can.
The case does not differ in principle, we think,'from what it would be if the maker’s name had likewise been forged, when we should have before us a simple case of the clearest equity and natural justice.
The motion shows that this note…
2Cases cited6 opinions
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