Beckwith v. Angell
Supreme Court of Connecticut
This was an action of assumpsit, tried at Brooklyn, January term, 1823, before Brainard, J. In one of the counts, of which there were several, the cause of action was stated thus : That on the 14th of April, 1819, Ephraim Angell, the son of the defendant, being indebted to the plaintiffs in the sum of 145 dollars, 36 cents, in payment of the same, made and delivered to the plaintiffs his writing or note in the words and figures following, viz.
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This was an action of assumpsit, tried at Brooklyn, January term, 1823, before Brainard, J. In one of the counts, of which there were several, the cause of action was stated thus : That on the 14th of April, 1819, Ephraim Angell, the son of the defendant, being indebted to the plaintiffs in the sum of 145 dollars, 36 cents, in payment of the same, made and delivered to the plaintiffs his writing or note in the words and figures following, viz. “ Providence, 14th April, 1819. Four months after date, I promise to pay Beck-with & Pearson, or order, one hundred forty-five vdollars, 36 cents, at…
1Opinion of the CourtPeters, J.
The undertaking of an indorser is always collateral, unless made otherwise, by a special agreement. But the defendant was not an indorser; because he was neither promisee nor indorsee. Palmer v Grant, 4 Conn. Rep. 389. His contract was, therefore, necessarily special, and whatever the parties chose to make it. Had it remained blank, it must have been considered, prima facie, a guaranty, or nothing. This depended on the inducement and intention, with which the defendant wrote his name; and the question now is, could these be proved by parol.
Had it been technically an indorsement, it might have…
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