Legal Opinion

Evans v. Smith

Supreme Judicial Court of Maine

Decided July 1, 1852PublishedCited by 3 opinions

Assumpsit upon an unwitnessed promissory note of $1200, dated in 1839, payable to William Evans or order, and by him indorsed to the plaintiff “ without recourse.”

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Assumpsit upon an unwitnessed promissory note of $1200, dated in 1839, payable to William Evans or order, and by him indorsed to the plaintiff “ without recourse.” There was upon the note an indorsement of $ 125 under date of 4th January, 1845. The writ was dated 26th Dec. 1850. To avoid the limitation bar, the plaintiff released the payee from all liabilities in relation to the note, and relied upon the testimony he would give, if admissible, and it was agreed that he would testify that the defendant paid the $ 125 on said 4th January, 1845, and requested the witness to indorse it upon the…

1Opinion of the Court

Howard, J.,

orally. —There is no valid objection to the admissibility of the Avitness. It is not a sound principle that, in order to take a note from the operation of the statute, the indorsement must be made in the handwriting of the debtor. It is the fact of the part-payment within six years from the commencement of the suit, which has that effect. Such a payment is distinctly shown by the testimony, Avhich it is admitted William Evans would give. Defendant defaulted.

2Cited by3 opinions

  1. Bryan v. DuffWashington Supreme Court · 1895
  2. Kisler v. SandersIndiana Supreme Court · 1872
  3. Wheeler v. RobinsonSupreme Court of New Hampshire · 1870

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