Bristol v. Warner
Supreme Court of Connecticut
This was an action of assumpsit, to recover the amount of a promissory note,, alleged to have been made by the defendant’s testator, with the usual money counts. The defendant pleaded the general issue, with notice, that under such issue she would offer evidence to prove that the note described in the plaintiff’s declaration was given without consideration, and was obtained by fraud.
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This was an action of assumpsit, to recover the amount of a promissory note,, alleged to have been made by the defendant’s testator, with the usual money counts. The defendant pleaded the general issue, with notice, that under such issue she would offer evidence to prove that the note described in the plaintiff’s declaration was given without consideration, and was obtained by fraud. The cause was tried at Hartford, January term, 1848, before Storrs, ./. On the trial, the plaintiff introduced in evidence an instrument, of which the following is a copy : “ On demand, after my decease, I…
1Opinion of the Court
Chübch, Ch. J.
1. The question first presented by this *17motion, is, whether the note in controversy imports, on its face, a valuable consideration ? We think it does ; and that the charge to the jury on this point, was correct. It has now become the settled law of this state, after a time of some doubt, that a promissory note not negotiable, and not purporting on its face to be for value received, does not imply a consideration ; and that a plaintiff, prosecuting such a note, is left to prove one, or fail to recover. Edgerton v. Edgerton, 8 Conn. R. 6.
But this note, is, in form, negotiable,…
2Cases cited4 opinions
- Mandeville v. WelchSupreme Court of the United States · 1820
- Gough v. St. JohnNew York Supreme Court · 1837
- Lessee of Stein v. NorthSupreme Court of Pennsylvania · 1802
- Toner v. TaggartSupreme Court of Pennsylvania · 1813
3Cited by20 opinions
- Estate of Beatty v. Western College of ToledoIllinois Supreme Court · 1898
- Burlington University v. BarrettSupreme Court of Iowa · 1867
- Simpson v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1904
- Kersting v. WhiteMissouri Court of Appeals · 1904
- Sullivan v. NesbitSupreme Court of Connecticut · 1922
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