Castle v. Candee
Supreme Court of Connecticut
This was an action of assumpsit. The declaration contained five counts. In the first, it was stated, That on the 6th of January, 1840, the plaintiff, at the special instance and request of the defendant, lent and advanced to Charles Bishop, the sum of 500 dollars, and therefor took of him his promissory note, bearing date on said 6th of January, 1840, in and by which, he, said Bishop, promised the plaintiff to pay to him the sum of 500 dollars, with interest, for value…
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This was an action of assumpsit. The declaration contained five counts. In the first, it was stated, That on the 6th of January, 1840, the plaintiff, at the special instance and request of the defendant, lent and advanced to Charles Bishop, the sum of 500 dollars, and therefor took of him his promissory note, bearing date on said 6th of January, 1840, in and by which, he, said Bishop, promised the plaintiff to pay to him the sum of 500 dollars, with interest, for value received, on demand; that in consideration of the premises, the defendant did, by his indorsement on the back of said note,…
1Opinion of the CourtChurch, J.
The declaration, in this case, contains five counts, and all of them upon the guaranty or blank indorsement made by the defendant, of the note of Charles Bishop, payable to the plaintiff, on demand, with interest.
There is some obscurity in the case, arising from the statements of the motion for a new trial, when compared with the verdict of the jury. The charge of the judge, though it submitted to the jury the whole declaration, seems to have looked to the first count, as the only one upon which the plaintiff could sustain himself. And the motion also states, that the jury returned a verdict…
2Cases cited1 opinion
- Vreeland v. HydeThe Superior Court of New York City · 1829
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