Society of Chaplin v. Canada
Supreme Court of Connecticut
IN ERROR. This was an action on a promissory note of the tenor following: $33 34. “Mansfield, Feb. 6th, 1811. For value received, in the discharge of a subscription for the sum of ten pounds, signed by David Canada, bearing date August 24th, 1796, for the good leases, uses and trusts, and with the limitations therein expressed and set forth, the underwritten promises to pay Joseph Martin, Matthew Smith, and Francis Clark, and their successors for the time being, as trustees…
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IN ERROR. This was an action on a promissory note of the tenor following: $33 34. “Mansfield, Feb. 6th, 1811. For value received, in the discharge of a subscription for the sum of ten pounds, signed by David Canada, bearing date August 24th, 1796, for the good leases, uses and trusts, and with the limitations therein expressed and set forth, the underwritten promises to pay Joseph Martin, Matthew Smith, and Francis Clark, and their successors for the time being, as trustees for the society, called and known by the name of Chaplin, in the town of Mansfield, county of Windham, and state of…
1Opinion of the CourtBissell, J.
The general question raised upon this record, is, whether the plaintiffs can maintain an action on the note set forth in their declaration.
The note, after expressing the consideration on which it is founded, is made payable to Joseph Martin, Matthew Smith and *289Francis Clark, and their successors for the time being, as trustees for the society of Chaplin. The action is brought in the name of the society, for whose benefit the note was, unquestionably, given. Two questions arise. 1. Is the note in question a specialty? 2. And if so, in whom is the legal title?
1. Is the note, according to the…
2Cases cited2 opinions
- Slocum v. SanfordSupreme Court of Connecticut · 1818
- Sanford v. SanfordSupreme Court of Connecticut · 1807
3Cited by4 opinions
- Bonnafee v. Ira E. WilliamsSupreme Court of the United States · 1845
- Barnum v. BarnumSupreme Court of Connecticut · 1832
- Hager v. PhillipsIllinois Supreme Court · 1852
- Capen v. BarrowsMassachusetts Supreme Judicial Court · 1854