Farmers & Citizens' Bank v. Payne
Supreme Court of Connecticut
This was an action of assumpsit, brought by the plaintiffs as endorsees, against the defendant as acceptor, of three bills of exchange, drawn on him by Nathaniel Greene, agent, and endorsed by John F. Greene. The declaration contained three special counts, and a general count embracing a claim for money had and received.
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This was an action of assumpsit, brought by the plaintiffs as endorsees, against the defendant as acceptor, of three bills of exchange, drawn on him by Nathaniel Greene, agent, and endorsed by John F. Greene. The declaration contained three special counts, and a general count embracing a claim for money had and received. The case was tried to the jury on the general issue, at the term of the superior court holden in the county of Fairfield, in October, 1856. On the trial, the defendant objected to the bills offered in evidence by the plaintiffs, under both the special counts and the general…
1Opinion of the CourtStorrs, C. J.
It is unnecessary to examine the point made by the defendant on the trial, that the bills of exchange offered in evidence by the plaintiffs, were variant from those described in the special counts of the declaration, because we are of the opinion that the plaintiffs were entitled to recover, on the facts claimed to have been proved, under the general count, which embraced a claim for money had and received. Whatever may have been the decisions on this point elsewhere, (and there is much confusion in the cases on the subject,) we consider it to be settled, in this state, by the case of The…
2Cases cited2 opinions
- Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
- Eagle Bank of New-Haven v. SmithSupreme Court of Connecticut · 1823
3Cited by33 opinions
- Casco National Bank of Portland v. ClarkNew York Court of Appeals · 1893
- Lowndes v. City National BankSupreme Court of Connecticut · 1909
- Ward v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1895
- First National Bank v. GiffordSupreme Court of Iowa · 1877
- Mann v. Second National BankSupreme Court of Kansas · 1883
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