Windsor Cement Co. v. Thompson
Supreme Court of Connecticut
Action to recover the amount of a written order upon a third person given by the defendant to the plaintiff and alleged by the latter to be a bill of exchange, brought to and tried by the City Court of Hartford, Bullard, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant.
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Action to recover the amount of a written order upon a third person given by the defendant to the plaintiff and alleged by the latter to be a bill of exchange, brought to and tried by the City Court of Hartford, Bullard, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. The defendant, a subcontractor under one Robert Davis, a general contractor, was indebted to the plaintiff for materials with which the former had completed his subcontract. Davis was indebted to the defendant under the latter’s subcontract in an amount in excess of $463.69. On November…
1Opinion of the CourtThayer, J.
The defendant claimed that the instrument sued on was not a bill of exchange, but an order such as is customary in the building trade, and that it had the effect of an equitable assignment of $463.69 to the plaintiff out of the amount due from Davis to the defendant.
A bill of exchange is itself an order, but has attributed to it certain qualities which do not belong to orders of a different character. It is not an assignment. That the order now in question is such as are customary in the building trade, does not establish the defendant’s claim that it is not a bill of exchange. Bills of…
2Cases cited2 opinions
- Westberg v. Chicago Lumber & Coal Co.Wisconsin Supreme Court · 1903
- Jarvis v. WilsonSupreme Court of Connecticut · 1878
3Cited by12 opinions
- MacE v. Conde Nast Publications, Inc.Supreme Court of Connecticut · 1967
- MacKey v. DobruckiSupreme Court of Connecticut · 1933
- Dysart Corp. v. Seaboard Surety Co.Supreme Court of Connecticut · 1997
- Moody v. Morris-Roberts Co.Idaho Supreme Court · 1923
- Spicer v. SpicerConnecticut Appellate Court · 1993
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