Peck v. Easton
Supreme Court of Connecticut
Action to recover the amount of a promissory note made by a third person to the order of the plaintiff and indorsed by the defendant prior to its delivery, brought to the Court of Common Pleas in Hartford County and tried to the court, Case, J!, upon a demurrer to the plaintiff’s second reply; the court sustained the demurrer and rendered judgment for the defendant, and the plaintiff appealed for alleged errors in the rulings of the court.
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Action to recover the amount of a promissory note made by a third person to the order of the plaintiff and indorsed by the defendant prior to its delivery, brought to the Court of Common Pleas in Hartford County and tried to the court, Case, J!, upon a demurrer to the plaintiff’s second reply; the court sustained the demurrer and rendered judgment for the defendant, and the plaintiff appealed for alleged errors in the rulings of the court. In this court a motion to erase was filed by the appellee, upon the ground that no notice of appeal was filed. Motion to erase denied. The case is…
1Opinion of the Court
Hamersi,ey, J.
The question of law presented in this appeal arises upon the following conditions as shown by the record. The plaintiff was holder of a promissory note payable to his order, signed by one Hamilton, and indorsed hi blank by the defendant before delivery to the plaintiff. This note at maturity was duly presented for payment, but was not paid.
This fact gave to the plaintiff no right of action against the defendant, whose liability to him depended also on another fact, viz., the giving of notice of dishonor within the time fixed by statute. Public Acts of 1897, Chap. 74, § 89 et seq.
2Cited by9 opinions
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- Robinson v. AndersonSupreme Court of Oklahoma · 1922
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