Hall v. Hale
Supreme Court of Connecticut
This was an action brought by the plaintiff, as the indorsee, against the defendant, as the indorser of a promissory note, for 375 dollars, made by one Stevens, payable to Henry Benton, or order, ninety-five days afterdate.
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This was an action brought by the plaintiff, as the indorsee, against the defendant, as the indorser of a promissory note, for 375 dollars, made by one Stevens, payable to Henry Benton, or order, ninety-five days afterdate. The cause was tried, on the general issue, at Hartford, February term, 1831, before Peters, J. The making and indorsement of the note, the transfer of it to the plaintiff before it became due, its presentment and dishonour, with due notice to the defendant, were admitted. The defendant claimed, that the note was indorsed by him, as an accommodation indorser, and that it…
1Opinion of the Court
Hosmer, Ch. J.
It is unquestionably clear, that Benton has no interest in the event of the plaintiff’s suit, neither directly nor remotely, and the objection to his deposition has been waived in the argument of the case. Woodhull v. Holmes, 10 Johns. Rep. 231.
With respect to the other ground of new trial, no extended discussion is required. The law has been fully and uniformly settled.
It is an established principle, that negotiable paper may be assigned or transferred, by an agent or any other person, fraudulently, so as to bind the true owner as against the holder, if it was taken by him in…
2Cases cited2 opinions
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
- Holme v. KarsperSupreme Court of Pennsylvania · 1813
3Cited by12 opinions
- Bailey v. LumpkinSupreme Court of Georgia · 1846
- Enstrom, Et Ux. v. DunningSupreme Court of Florida · 1939
- Hamilton v. MarksSupreme Court of Missouri · 1873
- Ladd v. Town of FranklinSupreme Court of Connecticut · 1870
- Prins v. South Branch Lumber Co.Appellate Court of Illinois · 1886
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