Legal Opinion

Allen v. Rundle

Supreme Court of Connecticut

Decided January 15, 1878PublishedCited by 3 opinions

Assumpsit on a guarantee of a note by the defendants, with the common counts; brought to the Superior Court in Fair-field County, and tried to the court on the general issue.

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Assumpsit on a guarantee of a note by the defendants, with the common counts; brought to the Superior Court in Fair-field County, and tried to the court on the general issue. On the trial the plaintiffs withdrew the special count in their declaration, and under the common counts claimed to recover the sum of 17,000, and interest thereon from the 25th day of May, 1872, with the taxes thereon that had since accrued, and offered in evidence in support of their claim the following promissory note:— “17,000. Danbury, November 25th, 1871. On demand I promise to pay Barnabas Allen and William F.…

1Opinion of the CourtLoomis, J.

The claim which the plaintiffs in this action seek to recover of the defendants was originally against The Bartram & Fanton Sewing Machine Company, a joint stock corporation, for a loan of $8,000, evidenced by the promissory notes of the corporation. After paying $1,000 on the notes a new corporation was formed, called “ The Bartram & Fanton Manufacturing Company,” with a larger capital, which was to assume the liabilities and prosecute the business of the old company. The subscriptions to the stock of the new company were not to be binding unless they aggregated a certain amount in a…

2Cases cited5 opinions

  1. Glendale Woolen Co. v. Protection Insurance Co.Supreme Court of Connecticut · 1851
  2. Dale v. GearSupreme Court of Connecticut · 1871
  3. Allen v. BrownMassachusetts Supreme Judicial Court · 1878
  4. Brooks v. HollandSupreme Court of Connecticut · 1851
  5. Carney v. O'NeilMichigan Supreme Court · 1873

3Cited by3 opinions

  1. Allen v. RundleSupreme Court of Connecticut · 1882
  2. Butts v. KingSupreme Court of Connecticut · 1924
  3. Spencer v. AllertonSupreme Court of Connecticut · 1891

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