Sheldon v. Ackley
Supreme Court of Connecticut
MOTION for a new trial. This was an action of assumpsit by Sheldon, as endor-see of a promissory note, made by Gilbert Wire, for 150 dollars, with interest, payable on the 1st of April, 1808, against Ackley as endorsor.
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MOTION for a new trial. This was an action of assumpsit by Sheldon, as endor-see of a promissory note, made by Gilbert Wire, for 150 dollars, with interest, payable on the 1st of April, 1808, against Ackley as endorsor. The contract of endorsement was thus stated : “ For value received, I hereby ass^Sn l^ie within note to Charles Sheldon, and do authorize him to sue for and collect the same in my name, and , . . when collected to convert the same to his own use; and j ,]0 hereby warrant that the within note is due accord- » ing to the tenor thereof, and that the same can be collected. March…
1Opinion of the CourtJ. C. Smith, J.
This case comes before the court upon two rules to show cause why a new trial Should not be granted. One obtained by the plaintiff, on the ground that the court directed the jury to deduct from the judgment recovered against the original promisor the valub' of certain property estimated at 100 dollars, which had been taken by the officer, and afterward'ehbandoned, but which might have been sold and applied. And the other obtained by the defendant on the suggestion that illegal evidence was admitted on the trial, and that the court ought to have directed the jury to find for the defendant.
The…
2Cited by3 opinions
- Collins v. EllisNew York Supreme Court · 1839
- Welton v. ScottSupreme Court of Connecticut · 1823
- Gillespie v. WheelerSupreme Court of Connecticut · 1878