Phelps v. Foot
Supreme Court of Connecticut
IN ERROR. This was an action of assumpsit against Foot as indorser of a promissory note. The declaration, after alleging the execution and indorsement of the note, proceeded to state, that a suit was immediately commenced against one Stocking. the maker, by attachment ; that Stocking avoided process so that the officer could not take him, nor could he find property other than a small article of the value of one cent ; that a recovery was had before the court of common pleas…
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IN ERROR. This was an action of assumpsit against Foot as indorser of a promissory note. The declaration, after alleging the execution and indorsement of the note, proceeded to state, that a suit was immediately commenced against one Stocking. the maker, by attachment ; that Stocking avoided process so that the officer could not take him, nor could he find property other than a small article of the value of one cent ; that a recovery was had before the court of common pleas in Hampshire county in Massachusetts for the amount of the note and interest ; and that execution was taken out and put…
1Opinion of the Court
Swift, Ch. J.
In this case sundry questions arise upon the bill of exceptions.
It was contended, that the defendant should not prove a certain agreement at the time of the indorsement of the note, that a writ special should be issued, and the debt secured, if possible. But the plaintiff has acknowledged such agreement ; and it does not appear but that it was reduced to writing at the time of the indorsement, and it must now be presumed to be legal and valid. It was therefore admissible evidence.
As to the admission of the copy of the deed ; though by law a sworn copy ought to be produced, and a…
2Cited by7 opinions
- Starzec v. KidaSupreme Court of Connecticut · 1981
- Snyder v. WilleyMichigan Supreme Court · 1876
- Welton v. ScottSupreme Court of Connecticut · 1823
- Hurlburt v. Hurlburt's Est.Supreme Court of Vermont · 1890
- Thompson v. IvesSupreme Court of Alabama · 1847
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