Legal Opinion

Taylor v. Shelton

Supreme Court of Connecticut

Decided September 15, 1861PublishedCited by 6 opinions

Assumpsit, brought upon a promissory note by the payee, with indebitatus counts for goods sold and upon an account stated. The note was in the following form:— “ $676TVtr. Sixty days after date, value received, I promise to pay, at the Metropolitan Bank in New York, to the order of Richard Taylor, six hundred and seventy-six and 74-100 dollars. East Windsor, Ct., July 21,1857. Cathebine A. Shelton, By her trustee O. T. Shelton.”

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Assumpsit, brought upon a promissory note by the payee, with indebitatus counts for goods sold and upon an account stated. The note was in the following form:— “ $676TVtr. Sixty days after date, value received, I promise to pay, at the Metropolitan Bank in New York, to the order of Richard Taylor, six hundred and seventy-six and 74-100 dollars. East Windsor, Ct., July 21,1857. Cathebine A. Shelton, By her trustee O. T. Shelton.” The declaration described the note as that of the defendant himself. The case was tried in the superior court on the gem eral issue, closed to the court, before Me…

1Opinion of the CourtEllsworth, J.

Upon the trial of this case the plaintiff, having introduced the note declared upon in evidence, claimed that the note upon its face appeared to be the note of the defendant, and was therefore correctly described as such in the declaration; but, if this was not so, that it was shown to be *127his by the facts agreed upon by the parties—to wit, that Mrs. Shelton was a married woman, having an abundant estate of her own, and actually made the purchase in question by her authorized trustee, on her credit and for her benefit.

Now it is not easy to see how the claim in either aspect can be maintained,…

2Cases cited5 opinions

  1. Ogden v. RaymondSupreme Court of Connecticut · 1852
  2. Leavitt v. BeirneSupreme Court of Connecticut · 1850
  3. Jones v. Ætna Insurance Co.Supreme Court of Connecticut · 1842
  4. Imlay v. HuntingtonSupreme Court of Connecticut · 1849
  5. Hewitt v. WheelerSupreme Court of Connecticut · 1852

3Cited by6 opinions

  1. Radford v. CarwileWest Virginia Supreme Court · 1879
  2. Grafton National Bank v. WingMassachusetts Supreme Judicial Court · 1899
  3. Tuttle v. HoagSupreme Court of Missouri · 1870
  4. A. Partridge & Co. v. StockerSupreme Court of Vermont · 1863
  5. Pritchard v. BiggerMichigan Supreme Court · 1939

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