Slocum v. Sanford
Supreme Court of Connecticut
THIS was an action on a promissory note, brought by Elizabeth Slocum, as administratrix of John Slocum, deceased, against Peleg Sanford, the maker. The note was as follows : “ Portsmouth, June 21st, 1809. For value received, I promise to pay John Slocum, or order, the sum of one hundred dollars, on demand, with interest till paid $ as witness my hand. [Signed.] Peleg Sanford.”
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THIS was an action on a promissory note, brought by Elizabeth Slocum, as administratrix of John Slocum, deceased, against Peleg Sanford, the maker. The note was as follows : “ Portsmouth, June 21st, 1809. For value received, I promise to pay John Slocum, or order, the sum of one hundred dollars, on demand, with interest till paid $ as witness my hand. [Signed.] Peleg Sanford.” The cause was tried at Windham, January term 1818, before Swift, Ch. J. and Brainard and Goddard, Js. John Slocum, deceased, died in the town of Lebanon in this state, where he had lived several years, leaving there a…
1Opinion of the Court
Swift, Ch. J.
By the common law, debts due by specialty, are esteemed to be the goods of the deceased, where the securities are, at the time of his death; but debts due by simple contract, follow the person of the debtor, and are esteemed the goods of the deceased where the debtor resides at the time of his death.
Promissory notes have every where been considered to * be simple contracts, except in this state, where they have been treated as specialties, and declared on as instruments. But as by statute, notes payable to order have been made negotiable, the consequence is, that notes of that…
2Cited by8 opinions
- Wyman v. HalsteadSupreme Court of the United States · 1884
- Pulsifer v. HotchkissSupreme Court of Connecticut · 1837
- Saner-Ragley Lumber Co. v. SpiveyTexas Commission of Appeals · 1922
- Society of Chaplin v. CanadaSupreme Court of Connecticut · 1830
- Adams v. BatchelderMassachusetts Supreme Judicial Court · 1899
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