President of City Bank v. Thorp
Supreme Court of Connecticut
Action on assigned claims for goods scftd and delivered, brought to the Court of Common Pleas in New Haven County where demurrers to two defenses were sustained, and the case was afterwards tried to the jury before Bishop, J. ; verdict and judgment for the plaintiff, and appeal by the defendant.
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Action on assigned claims for goods scftd and delivered, brought to the Court of Common Pleas in New Haven County where demurrers to two defenses were sustained, and the case was afterwards tried to the jury before Bishop, J. ; verdict and judgment for the plaintiff, and appeal by the defendant. The first count of the complaint alleged a sale and delivery to the defendant, by the E. S. Wheeler and Company, of certain goods, at an agreed price, on sixty days’ credit; an assignment of the account to the plaintiff on the same day “by an instrument in writing and for value received; ” written…
1Opinion of the CourtCase, J.
All the special defenses aver that the several accounts antedating those in suit were assigned as collateral security. Payment of the debts so secured before the assigned accounts were collected would extinguish whatever rights the bank acquired to the latter by the assignments. It does not appear from the second defense that this was not the situation when the defendant made the several claimed payments to the E. S. Wheeler and Company, and the essential purpose of the defense therefore fails. The first demurrer was properly sustained for this reason.
The fourth defense avoids this defect. It…
2Cases cited7 opinions
- Johnston v. Milwaukee & Wyoming Investment Co.Nebraska Supreme Court · 1895
- Harrison v. LegoreSupreme Court of Iowa · 1899
- Metropolitan Life Insurance v. FullerSupreme Court of Connecticut · 1891
- Union Trust Co. v. McKeonSupreme Court of Connecticut · 1904
- Fitzgerald v. BeckwithMassachusetts Supreme Judicial Court · 1902
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3Cited by9 opinions
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- Cleary v. Zoning BoardSupreme Court of Connecticut · 1966
- Cefaratti v. AranowSupreme Court of Connecticut · 2016
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