Continental Life Insurance v. Barber
Supreme Court of Connecticut
Action upon a promissory note; brought to the Superior Court in Hartford County. The defendants pleaded the statute of limitations, and that the indorser (of whom they were executors) had been discharged by time given the maker. The case was tried to the court before Bovey, JI Facts found and judgment rendered for the plaintiffs. The defendants appealed. ' The case is sufficiently stated in the opinion.
1Opinion of the CourtCarpenter, J.
This is an action against the executors of the estate of the late Gardner P. Barber, deceased, who, when in life, indorsed a note for $8,000. The Superior Court found the facts and rendered judgment for the plaintiff. The defendants appealed. The record presents three questions.
1. Was the indorser discharged by the act of the plaintiff?
The note fell due July 20th, 1874. On the 22d of October, *5691874, the maker paid $4,000, which was duty indorsed on the note. In December following, being urged to pay the balance, and not being able to do so, he executed another note for the sum of $4,000,…
2Cases cited1 opinion
- Bradley v. VailSupreme Court of Connecticut · 1880
3Cited by6 opinions
- Dies v. Wilson County BankTennessee Supreme Court · 1913
- Berkowitz v. KasparewiczSupreme Court of Connecticut · 1936
- Continental Oil Co. v. HorseyCourt of Appeals of Maryland · 1939
- Progressive Welfare Assn., Inc. v. MorduchaySupreme Court of Connecticut · 1938
- Goodwin v. JacksonSupreme Court of Connecticut · 1922
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