Legal Opinion

Bartlett v. Isbell

Supreme Court of Connecticut

Decided February 15, 1863PublishedCited by 4 opinions

Assumpsit against the defendant as indorser of a promissory note. The ease was tried in the snperiorc ourt before Park, J., on the general issue closed to the court, and the following facts were specially found. The note in question was made by Isbell Brothers, a co-partnership then located in Meriden in this state, and was payable to the order of the defendant, who indorsed it and delivered it to the plaintiff.

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Assumpsit against the defendant as indorser of a promissory note. The ease was tried in the snperiorc ourt before Park, J., on the general issue closed to the court, and the following facts were specially found. The note in question was made by Isbell Brothers, a co-partnership then located in Meriden in this state, and was payable to the order of the defendant, who indorsed it and delivered it to the plaintiff. The plaintiff kept it in his hands until near the time that it became due, and the firm of Isbell Brothers having in the mean time removed to the city of New York, he delivered it to…

1Opinion of the CourtButler, J.

The note in question was not payable at bank or at any' particular place ; the makers had removed to New York and it was necessary that it should be sent there for collection ; and it was so sent to a recognized collecting agency, the Adams Express Company. It was dishonored and given to a notary to protest. In the exercise of due diligence, he made inquiry for the residence of the indorser, was informed incorrectly that it was in Meriden, and sent the i^otice accordingly. That he might properly do so, if he inquired of those who would be likely to know her residence, who professed to know…

2Cases cited5 opinions

  1. Smedes v. President of Bank of UticaNew York Supreme Court · 1823
  2. S. & M. Allen v. Suydam & BoydNew York Supreme Court · 1838
  3. Belden v. LambSupreme Court of Connecticut · 1846
  4. Hartford Bank v. StedmanSupreme Court of Connecticut · 1821
  5. Fitler v. MorrisSupreme Court of Pennsylvania · 1841

3Cited by4 opinions

  1. Matlock v. Citizens National BankIdaho Supreme Court · 1926
  2. Gleason v. ThayerSupreme Court of Connecticut · 1913
  3. Blue Ribbon Garage, Inc. v. BaldwinSupreme Court of Connecticut · 1917
  4. Davey v. JonesSupreme Court of New Jersey · 1880

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