Finch v. De Forest
Supreme Court of Connecticut
This was an action of assumpsit, by the plaintiffs, as indorsees of a promissory note, against the defendants, as the indorsers thereof.
Read the full summary
This was an action of assumpsit, by the plaintiffs, as indorsees of a promissory note, against the defendants, as the indorsers thereof. The declaration stated, that on the 6th of June, 1842, Joseph O. Kane, of Waterbary, made his certain promissory note in writing, bearing date on that day, and thereby promised to pay, at the New-Haven County Bank, to Horace V. Porter or order, sixty days after date, for value received, the sum of 200 dollars, and then delivered said note to said Horace V. Porter; and said Porter, to whom, or to whose order, the payment of the sum of money in said note…
1Opinion of the CourtHinman, J.
The court below was of opinion, that if the payee, intending to negotiate the note in suit, indorsed it, such indorsement operated to transfer the legal title to the indorsee, notwithstanding it was made in the name of a co-partnership, of which the payee was a member, and not in his individual name; and the only question in the case, is, whether this opinion is erroneous.
It is familiar law, that if one be sued alone on a promise made by him jointly with others, and the nonjoinder of the other contracting parties is not pleaded in abatement, there is no variance between the promise declared…
2Cited by2 opinions
- First National Bank v. McNairySupreme Court of Minnesota · 1913
- Cooper v. BaileySupreme Judicial Court of Maine · 1863