Smith v. Hawkins
Supreme Court of Connecticut
This was an action against Abram Hawkins, as the indorser of a promissory note for 100 dollars, made by David Hawkins, dated September 30th, 1820, payable to Abram Hawkins, or order, six months after date. The declaration contained two counts.
Read the full summary
This was an action against Abram Hawkins, as the indorser of a promissory note for 100 dollars, made by David Hawkins, dated September 30th, 1820, payable to Abram Hawkins, or order, six months after date. The declaration contained two counts. The first stated the making, delivery and indorsement of the note; and that on the 2nd of April, 1821, the plaintiff presented the note, with the indorsement, to the maker, and demanded payment, which was refused; and that on the same day, the plaintiff gave notice to the defendant of such presentment and non-payment, and that he should look to him for…
1Opinion of the CourtBrainard, J.
The question is, was the charge correct? I am of opinion, that it was.
The only objection made to it, deserving consideration, is, that the second indorsement discharged the defendant’s liability on the first. I think there is no soundness in this objection. They were separate and distinct transactions ; the considerations were separate and distinct; and so were the liabilities.
The holder of the note had a right to obtain as much security on his paper, as he could; and whether he had pursued the various steps stated in his counts, or in either of them, against the indorser, were questions…
2Cited by1 opinion
- West v. StateWisconsin Supreme Court · 1853