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27 Conn. 381

Humphrey v. Clark

Supreme Court of Connecticut

Decided September 15, 1858

Supreme Court of Connecticut · decided 1858-09-15

Assumpsit, against the defendant as endorser of a note of the Protection Insurance Company. The defendant had endorsed the note for the accommodation of the insurance company, at the solicitation of the president of the company.

Cited by 1 later decisions — most recently April 1896

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1858-09-15

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Ellsworth, J.

¶1The whole question in this case is, to what extent may the defendant attack the validity of his indorsement, by showing certain supposed fraudulent declarations made to him by the president of the insurance company, at the time of and as an inducement to the indorsement of the note for the accommodation of the company. The evidence offered for this purpose was received, and went to the jury for what it was worth, to impeach and contradict the testimony of the president, and beyond this it is not easy to see for what it could be admissible. His declarations can not be allowed to affect the rights of the plaintiffs, who are bona fide holders of the note, which they took for a valuable consideration, long before it became due. We do not advise a new trial.

¶2In this opinion the other judges concurred.

¶3New trial not advised.

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