Legal Opinion

Hayes v. Werner

Supreme Court of Connecticut

Decided September 15, 1877PublishedCited by 4 opinions

Assumpsit against the defendant as endorser of. a promissory note; brought to the Superior Court in Fairfield County, and tried to the court, on the general issue, with notice.

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Assumpsit against the defendant as endorser of. a promissory note; brought to the Superior Court in Fairfield County, and tried to the court, on the general issue, with notice. The following facts were found by the court:— The plaintiff, on the 22d day of May, 1871, loaned the sum of $2,000 to C. M. Noble & Company, a copartnership consisting of C. M. Noble and William JET.- Noble, both of the town of Bridgeport, in Fairfield County, taking the following note therefor:— “$2,000. Bridgeport, May 22d, 1871. On demand after date we promise to pay to the order of Jacob Werner two thousand…

1Opinion of the Court

Carpenter, J.. This is a suit by the indorsee against the indorser of a promissory note. The note was payable on demand to the order of the defendant with interest payable semi-annually. The- defendant at the time of or before indorsing the note took security of the makers, which he now holds. Payment of the note was not demanded of the makers at the expiration of four months, and no notice of non-payment was ever given to the defendant. The makers subsequently became insolvent. When demand was made of *252the defendant, he, not knowing that payment had not been demanded of the makers, promised…

2Cases cited2 opinions

  1. Prentiss v. DanielsonSupreme Court of Connecticut · 1823
  2. Holland v. TurnerSupreme Court of Connecticut · 1834

3Cited by4 opinions

  1. Beardsley v. HawesSupreme Court of Connecticut · 1898
  2. Yeager v. BerryMissouri Court of Appeals · 1900
  3. Hampton v. MillerSupreme Court of Connecticut · 1905
  4. Forbes v. RoweSupreme Court of Connecticut · 1880

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