Skelly v. Bristol Savings Bank
Supreme Court of Connecticut
ACTION to recover back an unearned balance of prepaid interest on a demand note which was paid up by the plaintiffs before the expiration of the time from which the interest had been paid; brought, by appeal from the judgment of a justice of the peace, to the Court of Common Pleas of Hartford County.
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ACTION to recover back an unearned balance of prepaid interest on a demand note which was paid up by the plaintiffs before the expiration of the time from which the interest had been paid; brought, by appeal from the judgment of a justice of the peace, to the Court of Common Pleas of Hartford County. The defendant demurred to the complaint, the court (Calhoun, J.,~) overruled the demurrer, and, the defendant not making answer to the complaint, rendered judgment for the plaintiff. The defendant appealed. The case is stated in the opinion. cited — 7 Wait’s Actions & Defenses, 59; Brandt on…
1Opinion of the CourtAndrews, C. J.
Tbe complaint alleges that on January 1st, 1892, the plaintiffs were indebted to the defendant in the sum of ten thousand dollars, as evidenced by their promissory note as follows: — “110,000. January 14, 1888. On demand for value received we promise to pay the Bristol Savings Bank, at the office of said bank, ten thousand dollars, with interest payable in advance semi-annually on the first days of January and July in each year.” (Signed by the plaintiffs.) That on said January 1st, 1892, the plaintiffs paid the defendant $250, as interest in advance at the rate of five per cent, per annum,…
2Cases cited5 opinions
- Hubbard v. CallahanSupreme Court of Connecticut · 1875
- Jarvis v. HyattIndiana Supreme Court · 1873
- Haydenville Savings Bank v. ParsonsMassachusetts Supreme Judicial Court · 1884
- Wakefield Bank v. TruesdellNew York Supreme Court · 1864
- Shepherd v. ThompsonCourt of Appeals of Kentucky · 1867
3Cited by30 opinions
- Marvin v. MarvinCalifornia Supreme Court · 1976
- Adzima v. UAC/Norden DivisionSupreme Court of Connecticut · 1979
- Therrien v. Safeguard Manufacturing Co.Supreme Court of Connecticut · 1980
- St. Paul Fire & Marine Insurance v. Indemnity Insurance Co. of North AmericaSupreme Court of New Jersey · 1960
- Despatch Oven Co. v. RauenhorstSupreme Court of Minnesota · 1949
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