Graves v. Johnson
Supreme Court of Connecticut
Assumpsit on a special contract, with the common counts; brought to the Superior Court in Litchfield County, and tried to the court before Hovey, J. The court found the following facts— In the month of August, 1878, and prior to the 25th day of that month, John R. Farnum made and delivered to the defendant for a valuable consideration his promissory note in writing, as follows:—“Litchfield, Aug. 1, 1873. For value received I promise to pay to Solon B. Johnson or order on the…
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Assumpsit on a special contract, with the common counts; brought to the Superior Court in Litchfield County, and tried to the court before Hovey, J. The court found the following facts— In the month of August, 1878, and prior to the 25th day of that month, John R. Farnum made and delivered to the defendant for a valuable consideration his promissory note in writing, as follows:—“Litchfield, Aug. 1, 1873. For value received I promise to pay to Solon B. Johnson or order on the 1st of January, 1874, two hundred and fifty dollars with interest. John R. Farnum.” On the 25th of August, 1873, the…
1Opinion of the CourtGranger, J.
This action is founded upon a special parol agreement made by the defendant, which was in substance that if the plaintiff would sign the note of Earnum as surety, he, the defendant, would hold it until its. maturity, and not negotiate it, and that if Earnum failed to pay the note the plaintiff should not be compelled to pay it, provided he would not disclose to Earnum that he was not legally holden as surety for its payment. The plaintiff fulfilled his part of the agreement, and did not disclose to Earnum the arrangement between him and the defendant, but the latter violated liis part of the…
2Cases cited2 opinions
- Case v. SpauldingSupreme Court of Connecticut · 1856
- Thacher v. StevensSupreme Court of Connecticut · 1879
3Cited by2 opinions
- Gilbert v. SelleckSupreme Court of Connecticut · 1919
- Sloan v. GibbesSupreme Court of South Carolina · 1900