Medomak Bank v. Curtis
Supreme Judicial Court of Maine
Assumpsit upon a note given by the intestate, C. S. Curtis, to the plaintiffs, dated June 24, 1839, for $444,13, payable in seven months with interest. The estate of the intestate was rendered insolvent, and the note was laid before the commissioners by the plaintiffs, as their property. The defendant set up a claim in set-off before the commissioners arising out of an instrument signed by James R. Groton, cashier of the Bank, of which the following is a copy.
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Assumpsit upon a note given by the intestate, C. S. Curtis, to the plaintiffs, dated June 24, 1839, for $444,13, payable in seven months with interest. The estate of the intestate was rendered insolvent, and the note was laid before the commissioners by the plaintiffs, as their property. The defendant set up a claim in set-off before the commissioners arising out of an instrument signed by James R. Groton, cashier of the Bank, of which the following is a copy. “Medomak Bank, Waldoboro’, June 24, 1839. Received of C. S. Curtis six post notes, issued by the Mississippi Shipping Company at…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
The motion is fora new trial, averring that the verdict returned for the defendant was against evidence, and against law, and the instruction of the Court in matter of law.
The defendant’s intestate, in his lifetime, on the 20th of June, 1839, gave to the plaintiffs a note of hand for $444,13, payable in seven months then next; and, as collateral security therefor, put into the hands of the plaintiffs’ cashier, J. R. Groton, certain post notes, issued by the Mississippi Shipping Company, at Natchez, payable at the Bank of the United States…
2Cited by2 opinions
- Athearn v. Independent District of MillersburgSupreme Court of Iowa · 1871
- Ex parte WhitingDistrict Court, D. Massachusetts · 1876