Kilgore v. Bulkley
Supreme Court of Connecticut
This was an action of assumpsit against the defendants as indorsers of a promissory note, draft or order. The declaration contained several special counts, to which the common money counts were added.
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This was an action of assumpsit against the defendants as indorsers of a promissory note, draft or order. The declaration contained several special counts, to which the common money counts were added. The cause was tried, on the general issue, at Middletown, February term, 1841, before Storrs, J. On the trial, the plaintiffs read in evidence a writing of which the following is a copy : “$10,608 75. Chelsea Bank, July &, 1839. I do hereby certify, that David E. Wheeler, Robert 8. Taylor and Noah Bulkley, have deposited in this bank, the sum of ten thousand, six hundred and eight 75-100…
1Opinion of the CourtStorrs, J.
It is admitted, that the indorsement, by the defendants, of the instrument in question, imposed on them a liability to pay to the plaintiffs the sum therein mentioned, provided a legal demand of payment was made, when due, and payment refused, and legal notice of such non-payment given to the defendants : and it is upon the legality of the demand and notice that the various questions arise in this case. The defendants claim, that the demand of payment was not made of the proper persons, nor at the proper time ; and that the notice of non-payment was not given to the proper persons, nor at the…
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