Post v. Tradesmen's Bank
Supreme Court of Connecticut
Bill in equity to restrain the respondents from enforcing a judgment obtained at law. The facts were specially found by the superior court. The plaintiff, Post, on the 15th day of October, 1856, made a promissory note, for the accommodation of the Volcanic Repeating Arms Company, a joint stock corporation, for the sum of $1,250, payable to the order of one Wheeler, by whom it was indorsed, also for the accommodation of the company.
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Bill in equity to restrain the respondents from enforcing a judgment obtained at law. The facts were specially found by the superior court. The plaintiff, Post, on the 15th day of October, 1856, made a promissory note, for the accommodation of the Volcanic Repeating Arms Company, a joint stock corporation, for the sum of $1,250, payable to the order of one Wheeler, by whom it was indorsed, also for the accommodation of the company. A contract was at the time entered into by which, upon a certain contingency, Post and Wheeler were to take certain shares of the stock of the company, in which…
1Opinion of the CourtEllsworth, J.
The petitioner having been adjudged liable as maker of the note in question, in a suit brought by the Tradesmen’s Bank, by direction and for the benefit of the respondent Winchester, seeks in equity the stay of further proceedings on that judgment, and that the judgment itself may be decreed to be cancelled.
It appears that after the making of the note by Post, the petitioner, and its indorsement by Wheeler, the payee, the Arms Company obtained the indorsements of Gaston and Winchester, and then procured the note discounted at the Tradesmen’s Bank for their benefit. At the same time, or…
2Cases cited6 opinions
- Brahan & Atwood v. RaglandSupreme Court of Alabama · 1830
- Townsend v. WardSupreme Court of Connecticut · 1858
- Farmers' Bank v. VanmeterCourt of Appeals of Virginia · 1826
- McCARTY v. ROOTSSupreme Court of the United States · 1859
- Stebbins v. HallNew York Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Allis v. HallSupreme Court of Connecticut · 1904
- Lawrence v. TowleSupreme Court of New Hampshire · 1879
- Clark v. JacksonSupreme Court of New Hampshire · 1887
- Gagner v. PetrauskasSupreme Court of Connecticut · 1930