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3 Day 512

Talcott v. Cogswell

Connecticut Superior Court

Decided February 15, 1807

Connecticut Superior Court · decided 1807-02-15

THIS was an action of assumpsit by the second en* d°rsor of a promissory note against the first endorser, for one moiety of the amount of the note, paid by the . plaintiff, on the failure of the maker. The action was commenced in December, 1804. The case, as it appeared from the evidence, was as : In the latter part of the year 1800, Samuel Tudor held William Howe's note, endorsed by the defendant, f°r 500 dollars.

Decided 1807-02-15

The Court

¶1were of opinion, that the circumstances of the case furnished sufficient evidence that the endorsement was joint; and that each having paid what, in that case, each would be compellable to pay, the verdict ought to be for the defendant. They, therefore, returned the jury to a second, and afterwards to a third consideration; but the jury adhered to their verdict.

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