Legal Opinion · Dissent

Caldwell v. Sigourney

Supreme Court of Connecticut

Decided June 15, 1848Published

This was an action of assumpsit, brought by Rachel Caldwell, adm inistratrix of John Caldwell, deceased, against Charles Sigourney, as the surviving maker of a promissory note.

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This was an action of assumpsit, brought by Rachel Caldwell, adm inistratrix of John Caldwell, deceased, against Charles Sigourney, as the surviving maker of a promissory note. The cause was tried at Hartford, September term 1847, before Hinman, J. On the trial, the plaintiff introduced in evidence a promissory note of the tenor following: “ Hartford, March 23, 1836. $^00. F°r value received, I, Thomas Lloyd, as principal, an<^ Charles Sigourney, as surety, promise to pay John Caldwell, or order, three hundred dollars, on or before the 1st day 0f April, in the year 1837, with lawful interest…

1Dissent

Church, Ch. J.

dissented on the principal point. In the case of Clark v. Sigourney, in which this note was the subject of discussion before us, 1 concurred in the opinion then expressed, and am now satisfied of its correctness upon the questions then presented and decided. But as I now think, the true nature of the consideration of this note was neither discussed nor determined in that case. We said only that a quit-claim deed, executed at the special request of the grantee, although it conveyed no title, constituted a legal consideration of a note given for the purchase money — that it was a…

2Cases cited1 opinion

  1. Bailey v. LewisSupreme Court of Connecticut · 1809

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