Starrett v. Barber
Supreme Judicial Court of Maine
Exceptions from the Eastern District Court, Chandler J. presiding. Assumpsit upon a promissory noto given to William Starrett by Jolin Barber, Jr. as principal, and the other two defendants, Lothrop and Woodman, as sureties. The note was introduced in evidence, and the plaintiff there rested his case.
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Exceptions from the Eastern District Court, Chandler J. presiding. Assumpsit upon a promissory noto given to William Starrett by Jolin Barber, Jr. as principal, and the other two defendants, Lothrop and Woodman, as sureties. The note was introduced in evidence, and the plaintiff there rested his case. The defendants then called a witness, who testified that after the commencement of this suit, on inquiry about the note, Starrett told him, that ho, Starrett, had not and never had any interest in the note, and that Aaron Davis was prosecuting this suit to recover the amount thereof, which Lad…
1Opinion of the Court
The opinion of the Court was by
Weston C. J.
The counsel for the defendants waives his objection, taken at the trial, of a want of interest in the nominal plaintiff. If the sureties consented, that the note might be passed to any one, who would advance the money, which the jury have found, it was available against them, although not taken by the payee, named in the instrument.
The property put into the hands of the plaintiff, by the principal debtor as collateral security, was received by him under an implied obligation to account for the proceeds. Whatever expense was necessarily incurred by…
2Cases cited1 opinion
- Harker v. ConradSupreme Court of Pennsylvania · 1825
3Cited by8 opinions
- Furness v. Union National BankIllinois Supreme Court · 1893
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Smith v. ThomasIdaho Supreme Court · 1926
- Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
- MUTUAL LUMBER COMPANY v. GeroSupreme Judicial Court of Maine · 1968
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