Legal Opinion

Caldwell v. Sigourney

Supreme Court of Connecticut

Decided June 15, 1848PublishedCited by 3 opinions

This was an action of assumpsit, brought by Rachel Caldwell, adm inistratrix of John Caldwell, deceased, against Charles Sigourney, as the surviving maker of a promissory note.

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This was an action of assumpsit, brought by Rachel Caldwell, adm inistratrix of John Caldwell, deceased, against Charles Sigourney, as the surviving maker of a promissory note. The cause was tried at Hartford, September term 1847, before Hinman, J. On the trial, the plaintiff introduced in evidence a promissory note of the tenor following: “ Hartford, March 23, 1836. $^00. F°r value received, I, Thomas Lloyd, as principal, an<^ Charles Sigourney, as surety, promise to pay John Caldwell, or order, three hundred dollars, on or before the 1st day 0f April, in the year 1837, with lawful interest…

1Opinion of the CourtStorks, J.

No exception has been taken before us to the exclusion of the testimony in regard to the possession of the land released to Lloyd, or the charge of the court below as to the effect of his promise to avoid the statute of limitations. The first was plainly correct; and the other is sanctioned by repeated decisions of this court. Clark v. Sigourney, 17 Conn. R. 511. These topics may, therefore, be dismissed, Without further remark.

The execution of the note in question being admitted, the defendant introduced in evidence, 1. A resolution of the General Assembly of this state, passed at its May…

2Cited by3 opinions

  1. Bergman v. BlyCourt of Appeals for the Eighth Circuit · 1895
  2. Bissell v. AdamsSupreme Court of Connecticut · 1868
  3. Lincoln Building & Saving Ass'n v. HassNebraska Supreme Court · 1880

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