Huntington v. Harvey
Supreme Court of Connecticut
This was an action of assumpsit against the defendant, as indorser of a promissory note, made by Augustus Bushnell, for 258 dollars, 21 cents, dated December 11th, 1818, payable to the plaintiff, on the 1st day of April, 1819. The declaration consisted of four counts.
Read the full summary
This was an action of assumpsit against the defendant, as indorser of a promissory note, made by Augustus Bushnell, for 258 dollars, 21 cents, dated December 11th, 1818, payable to the plaintiff, on the 1st day of April, 1819. The declaration consisted of four counts. In the first count, the plaintiff averred, that “the defendant, for a valuable consideration, indorsed said note to the plaintiff, and, by said indorsement, became liable to pay the amount of said note to the plaintiff, according to its tenor and effect; and being so liable, the defendant assumed upon himself, and promised, to…
1Opinion of the Court
Hosmer, Ch. J.
Augustus Bushnell made his promissory note to the plaintiff, the same not being negotiable; and procured the defendant to indorse it in blank. In this condition it was delivered to the plaintiff, and afterwards assigned by him to John N. Peabody.
By uniform and long continued usage, in this state, as well as by repeated determinations, a blank indorsement on a note *129not negotiable contains a warranty, that the note is due; that the maker shall be of ability to pay it, when it reaches maturity; and that it shall be collectible, by the use of due diligence. Bradley & al. v. Phelps,…
2Cases cited1 opinion
- Williams v. GrangerSupreme Court of Connecticut · 1810
3Cited by8 opinions
- Perkins v. CatlinSupreme Court of Connecticut · 1836
- Ellis v. BrownNew York Supreme Court · 1849
- Jordan v. GarnettSupreme Court of Alabama · 1842
- Prentiss v. DanielsonSupreme Court of Connecticut · 1823
- Murphy v. AdamsSupreme Judicial Court of Maine · 1880
3 more not listed; retrieve them via the Exa API.