Porter v. Pillsbury
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Appleton, J., presiding. Debt on a judgment recovered in 1843, damage $1424,00, cost $24,27. Plea, nil debet.
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On Exceptions from Nisi Prius, Appleton, J., presiding. Debt on a judgment recovered in 1843, damage $1424,00, cost $24,27. Plea, nil debet. The defendant introduced evidence tending to show a representation made by the plaintiff, that the judgment in suit, was obtained on a note, secured by mortgage of land; that he had foreclosed the mortgage and sold the land, for between $800 & $900; that it brought all that it was worth; and that he should recover the difference between what it brought, and the amount of the judgment in suit. The defendant then offered the depositions of Samuel Pillsbury…
1Opinion of the Court
Tenney, J. —
This action is upon a judgment, for the purpose of obtaining a balance, claimed to be due thereon, a part having been satisfied by means of the foreclosure of a mortgage of real estate, given by the defendant as collateral security for the original cause of action.
Objections were made at the trial, by the plaintiff, to the depositions of Samuel Pillsbury and other persons, offered by the defendant, on the ground, that the notice of their taking, was not so long prior to the caption, as the statute requires. The justice has certified, that “ the adverse party was duly notified to…
2Cases cited4 opinions
- Hughes v. EdwardsSupreme Court of the United States · 1824
- Dunkley v. Van BurenNew York Court of Chancery · 1818
- Amory v. FairbanksMassachusetts Supreme Judicial Court · 1793
- Omaly v. SwanU.S. Circuit Court for the District of Massachusetts · 1824
3Cited by2 opinions
- Voorhis v. CrutcherSupreme Court of Florida · 1929
- Burges v. SoutherSupreme Court of Rhode Island · 1885