Hammatt v. Emerson
Supreme Judicial Court of Maine
After the trial, and before the arguments on the questions of law, the plaintiff deceased, and William C. Ilammatt, was appointed Executor, and prosecuted the suit. “ Assumpsit. Two counts founded on the following notes.
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After the trial, and before the arguments on the questions of law, the plaintiff deceased, and William C. Ilammatt, was appointed Executor, and prosecuted the suit. “ Assumpsit. Two counts founded on the following notes. “Value received, we, Hazen Mitchell, as principal, and William Emerson, as surety, jointly and severally promise to pay William Hammatt or order, two thousand nine hundred and twenty-five dollars, on or before the twenty-ninth day of June, in the year of our Lord one thousand, eight hundred and ihirty-seven, and interest annually. June 29, 1833. “$2925,00. “Hazen Mitchell, “…
1Opinion of the Court
The opinion of the Court was afterwards drawn up by
Siikplev J.
This suit is upon a promissory note, made by Hazen Mitchell, as principal, and the defendant, as surety, and received with others by the testator in part payment for a township of land, at that time conveyed by the testator to the defendant. The other notes have been paid. The defence is a partial failure of the consideration paid for the land, not arising out of a partial failure of the title, but out of misrepresentations, respecting the quantity of standing timber trees then upon it.
I. The first question presented is, whether…
2Cases cited2 opinions
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