Rodman v. Denison

Decided July 15, 1851

Supreme Court of Connecticut · decided 1851-07-15

This was an action of assumpsit, by the indorsee against the indorsers of two promissory notes, made by George Randolph. There were four or five special counts, to which was added the common count for money paid, laid out and expended, by the plaintiff, for the use and benefit of the defendants, and at their special instance and request. The cause was tried at New-London, September term, 1850.

Cited by 2 later decisions — most recently November 1936

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1851-07-15

View the full empirical analysis of this case →

Hinman, J.

¶1In this action, there were counts against the defendants, as indorsers of two promissory notes, made by one Randolph, together with the ordinary money counts.

¶2The plaintiff was not able to prove any demand of the maker, Randolph, and, therefore, failed to sustain his special counts; but he did prove, that the notes were made by Randolph, and indorsed by himself, for the sole accommodation of the defendants, who had procured the money on them. *408at the Mystic Bank; and that the plaintiff had paid the amount, which he recovered in this suit, to the bank, and the defendants had promised to repay it. This, surely, was enough to enable the plaintiff to recover, on the money counts, even if it did not excuse the want of demand on the maker.

¶3The verdict was right, and no new trial is advised.

In this opinion the other judges concurred.

¶4New trial denied.