Holland v. Turner
Supreme Court of Connecticut
This was an action of assumpsit against the defendant, as indorser of a promissory note, made by one Brockicay, payable at the Union Bank in Neto-London. The declaration alleged a demand of payment at that place, and notice of nonpayment to the defendant, in the usual form.
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This was an action of assumpsit against the defendant, as indorser of a promissory note, made by one Brockicay, payable at the Union Bank in Neto-London. The declaration alleged a demand of payment at that place, and notice of nonpayment to the defendant, in the usual form. The cause was tried at Norwich, March term, 1834, before Church, J. On the trial, it was agreed, that the note was made by Brock-way and indorsed by the defendant, as alleged in the declara-lion; that about this time, Brockway became insolvent, and , . . ’ , , . . has ever since continued so to be ; but that his insolvency…
1Opinion of the CourtBussell, J.
In this case, the jury have found, that the note in question was not made and indorsed for the benefit of the defendant ; but that it was indorsed by him, for the accommodation of Brockivay, the maker. The case also finds, that neither at the time of the indorsement, nor at any subsequent period, had Turner any funds in the hands- of Brock-way. It is also found, that during all the time from the making of the note, to its arriving at maturity, Brockivay was insolvent ; but that that fact was not known to the defendant, at the time of his indorsement. It was also claimed, by the plaintiff, to…
2Cases cited5 opinions
- Bond v. FarnhamMassachusetts Supreme Judicial Court · 1809
- French's v. Bank of ColumbiaSupreme Court of the United States · 1807
- Warder v. TuckerMassachusetts Supreme Judicial Court · 1811
- May v. CoffinMassachusetts Supreme Judicial Court · 1808
- Buck v. CottonSupreme Court of Connecticut · 1816
3Cited by4 opinions
- Greenwood Lake & Port Jervis Railroad v. New York & Greenwood Lake RailroadNew York Court of Appeals · 1892
- East-Haddam Bank v. ScovilSupreme Court of Connecticut · 1837
- Hayes v. WernerSupreme Court of Connecticut · 1877
- Whittier v. CollinsSupreme Court of Rhode Island · 1885