Welton v. Scott
Supreme Court of Connecticut
This was an action of assumpsit, in favour of the assignee, against the assignor of a promissory note not negotiable, made by one Orlando Porter. The cause was tried at Litchfield, February term, 1822, before Chapman, J. The making of the note, and the assignment of it, by an indorsement in blank, were admitted. The defence was, that due diligence had not been exercised in obtaining payment of it.
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This was an action of assumpsit, in favour of the assignee, against the assignor of a promissory note not negotiable, made by one Orlando Porter. The cause was tried at Litchfield, February term, 1822, before Chapman, J. The making of the note, and the assignment of it, by an indorsement in blank, were admitted. The defence was, that due diligence had not been exercised in obtaining payment of it. To make out this defence, the defendant offered evidence to prove, and claimed that he had proved, that Porter, at the time when the note was sold and delivered to the plaintiff, and at the time…
1Opinion of the Court
Hosmer, Ch. J.
Two general questions are presented by the case before the court. 1. What is the nature of an indorsement in blank, on a promissory note not negotiable? 2. What is the obligation the contract puts on the holder?
1. By usage for a long period, perhaps immemorial, and by frequent adjudications on a subject of common occurrence, the nature of the indorsement alluded to, has been clearly and definitely established. I confine myself to the usage and decisions of this state, which have given a peculiar construction to the matter in question. The contract by an indorsement in blank on a…
2Cases cited2 opinions
- Phelps v. FootSupreme Court of Connecticut · 1815
- Sheldon v. AckleySupreme Court of Connecticut · 1810
3Cited by7 opinions
- Perkins v. CatlinSupreme Court of Connecticut · 1836
- Prentiss v. DanielsonSupreme Court of Connecticut · 1823
- Mix v. PageSupreme Court of Connecticut · 1841
- Gillespie v. WheelerSupreme Court of Connecticut · 1878
- Forbes v. RoweSupreme Court of Connecticut · 1880
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