Legal Opinion

Forbes v. Rowe

Supreme Court of Connecticut

Decided December 7, 1880PublishedCited by 2 opinions

Civil action on the guaranty of a note; brought to the Court of Common Pleas in New Haven County, and tried to the court before Pardee, J. Judgment for the defendant, and motion in error by the plaintiff. The principles of law decided by the court will be sufficiently understood from the opinion without a more particular statement of the case.

1Opinion of the CourtBeardsley, J.

The contract implied by law from the endorsement in blank of a non-negotiable note is well settled by repeated decisions in this state, and is correctly set forth in the third count of the declaration. That count was sustained upon demurrer, while the first, second, and fourth counts were held to be insufficient. The first count is manifestly so, because the contract implied by law from the act of the defendant in “putting his name on the back of the note ” in question is not correctly stated, and the allegations in the count , do not show any legal liability on the part of the defendant. The…

2Cases cited4 opinions

  1. Castle v. CandeeSupreme Court of Connecticut · 1844
  2. Welton v. ScottSupreme Court of Connecticut · 1823
  3. Clark v. MerriamSupreme Court of Connecticut · 1857
  4. Hayes v. WernerSupreme Court of Connecticut · 1877

3Cited by2 opinions

  1. Kelsey v. PunderfordSupreme Court of Connecticut · 1903
  2. William Deering & Co. v. RussellNorth Dakota Supreme Court · 1895

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