Mahaiwe Bank v. Douglass
Supreme Court of Connecticut
Assumpsit, against the defendant as indorser of the following instrument:— *3 Canaan, May 16,1860. g To Van Antwerp & Co., No. 9 Wall street, New York City. ® Ninety days after date, I promise to pay to the order of V William Douglass thirty-five hundred dollars, value re- ^ ceived, at the Metropolitan Bank, New York City. § Forbes Monson. The acceptance of Van Antwerp & Co. was written upon the paper, and the name of the defendant was indorsed upon it.
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Assumpsit, against the defendant as indorser of the following instrument:— *3 Canaan, May 16,1860. g To Van Antwerp & Co., No. 9 Wall street, New York City. ® Ninety days after date, I promise to pay to the order of V William Douglass thirty-five hundred dollars, value re- ^ ceived, at the Metropolitan Bank, New York City. § Forbes Monson. The acceptance of Van Antwerp & Co. was written upon the paper, and the name of the defendant was indorsed upon it. On the trial to the jury in the superior court, on the general issue, before Seymour, /., the plaintiffs, a banking corporation located at…
1Opinion of the CourtSanford, J.
We think the evidence introduced by the defendant under his plea of the general issue was properly received.
The 90th section of the act for the regulation of civil actions (Comp, of 1854, p. 80,) provides, that under the plea of the general issue prescribed in the 88th section of the same act, the defendant may (without notice) “ give his title in evidence, or any special matter of defense and justification, according to the nature of the action,” excepting “ matter in avoidance, or a defense consistent with the truth of the material allegations in the declaration.” The material allegations…
2Cited by21 opinions
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