Bull v. Allen
Supreme Court of Connecticut
This was an action of assumpsit, brought by Thomas Bull, as indorsee of a promissory note, dated December 14th 1841» payable to Truman Orton, or order, on demand, against Amos E. Allen and Vincent Judson, as makers thereof. The declaration alleged, that the instrument in question was the joint and several promissory note of the defendants.
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This was an action of assumpsit, brought by Thomas Bull, as indorsee of a promissory note, dated December 14th 1841» payable to Truman Orton, or order, on demand, against Amos E. Allen and Vincent Judson, as makers thereof. The declaration alleged, that the instrument in question was the joint and several promissory note of the defendants. The defendant Judson pleaded in bar, that the note on which the plaintiff has declared, was given in consideration of 125 dollars, borrowed, by the defendant Allen, of Truman Orton, and that Judson made and signed said note to him, as surety for Allen; that…
1Opinion of the CourtHinman, J.
We are of opinion that the facts stated in the plea of .the defendant Judson, admitting them to be true, constitute no defence to the action; and the plaintiff is entitled to judgment. This renders the rejection of the parol evidence offered to prove the plea, immaterial. It will not, therefore, be further noticed or considered.
The defendants executed a joint and several note to secure the payment of money loaned to one of them. From the note alone, it does not appear, that Judson signed as the surety of Allen; but this fact is stated in the plea, and was offered to be proved; it will,…
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