Prentiss v. Danielson
Supreme Court of Connecticut
This was as an action against the defendant, as the indorser of a promissory note, tried at Brooklyn, January term, 1823, before Brainard, J., on an issue closed to the court. On the 25th of March, 1818, John Parish made a promissory note, not negotiable, payable to the defendant, in six months. The defendant immediately indorsed it in blank, and delivered it to the plaintiff.
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This was as an action against the defendant, as the indorser of a promissory note, tried at Brooklyn, January term, 1823, before Brainard, J., on an issue closed to the court. On the 25th of March, 1818, John Parish made a promissory note, not negotiable, payable to the defendant, in six months. The defendant immediately indorsed it in blank, and delivered it to the plaintiff. At the expiration of the six months, the note not being paid, the defendant guaranteed it to the plaintiff, for another term of six months, making it ultimately payable on the 25th of March, 1819. The plaintiff held the…
1Opinion of the Court
Hosmer, Ch. J.
An indorsement of a note not negotiable contains a warranty, by the indorser, that the maker is of ability to pay it, and that it is collectible, by the use of due diligence. Swift’s Ev. 342. Bradley & al. v. Phelps, 2 Root 325. Huntington v. Harvey, 4 Conn. Rep. 124, Welton v. Scott, 4 Conn. Rep. 527.
The terms due diligence, as applicable to this subject, have often been defined, and have an established signification. They import, unless when the note arrives at maturity, the maker is utterly insolvent, so that process against him must be unavailable, that the indorsee must put…
2Cases cited3 opinions
- Huntington v. HarveySupreme Court of Connecticut · 1821
- Tower v. DurellMassachusetts Supreme Judicial Court · 1812
- Welton v. ScottSupreme Court of Connecticut · 1823
3Cited by11 opinions
- Grandison v. RobertsonCourt of Appeals for the Second Circuit · 1916
- Perkins v. CatlinSupreme Court of Connecticut · 1836
- Murphy v. AdamsSupreme Judicial Court of Maine · 1880
- Kramer v. SandfordSupreme Court of Pennsylvania · 1842
- Hayes v. WernerSupreme Court of Connecticut · 1877
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