Moore v. Knowles
Supreme Judicial Court of Maine
On AGREED STATEMENT. Assumpsit against David S. Knowles, Charles H. Morse and Lowell Knowles. Lowell Knowles alone defended.
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On AGREED STATEMENT. Assumpsit against David S. Knowles, Charles H. Morse and Lowell Knowles. Lowell Knowles alone defended. The declaration is as follows : In a plea of the case: For that the said defendants-, at said Corinna, on February 27, 1866, by their promissory note of that date, by them subscribed, for value received promised to pay Thomas K. Gardiner, or order, three hundred dollars on demand and interest; aud the said Gardiner thereafterwards, on December 1, 1868, indorsed and delivered said note for value received to the plaintiff, of which the said defendants had notice, and…
1Opinion of the CourtBarrows, J.
The main object of our statutes, permitting the use of brief statements of special matter in defense in connection with the general issue in lieu of special pleas in bar, is well stated by Shepley, C. J., in Trask v. Patterson, 29 Maine, p. 502, thus : “one of the important purposes designed to be accomplished by allowing them to be used instead of pleas and replications, was to *497relieve the parties from that exactness of allegation aud denial, by which parties were sometimes so entangled as to prevent a trial upon the merits.”
It would be a signally perverse failure in its chief design, if it…
2Cases cited3 opinions
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Hartness v. ThompsonNew York Supreme Court · 1809
- Meagher v. BachelderMassachusetts Supreme Judicial Court · 1810