Clark v. Merriam
Supreme Court of Connecticut
This was an action of assumpsit by Belina Clark against Noah Merriam as guarantor of the following note. “ West Meriden, April 2, 1853. “ $300. One day after date I promise to pay to the order of Belina Clark, three hundred dollars at my store in cash, value received. Levi Merriam.” Endorsed — “ Noah Merriam.”
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This was an action of assumpsit by Belina Clark against Noah Merriam as guarantor of the following note. “ West Meriden, April 2, 1853. “ $300. One day after date I promise to pay to the order of Belina Clark, three hundred dollars at my store in cash, value received. Levi Merriam.” Endorsed — “ Noah Merriam.” The plaintiff in his declaration alleged that on the 1st day of January, 1853, one Levi Merriam and one Beloster Clark, then and for a long time before copartners in trade, dissolved their copartnership, at which time said firm was indebted to the plaintiff in the sum of $800, for money…
1Opinion of the CourtEllsworth, J.
It is claimed in this case, that the verdict is without evidence and positively against evidence.
It is said that if the plaintiff will follow up and support his declaration, he must prove “that the defendant did then and there by his indorsement on the back of said note, undertake and faithfully promise the plaintiff that said note should be good and collectible for a reasonable time thereafter,” and further that the plaintiff had used due diligence, and given the defendant notice before bringing the action.
The first claim is that there is a variance between the proof and the allegation ;…
2Cases cited2 opinions
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