First National Bank v. Kingsley
Supreme Judicial Court of Maine
On exceptions. The defendant filed a general demurrer to the declaration, which was in assumpsit upon two promissory notes both of which were dated Sunday. Upon joinder by the plaintiff the court overruled the demurrer and the defendant excepted. If the exceptions were overruled, it was stipulated that judgment should be rendered for the plaintiff. The case sufficiently appears in the opinion.
1Opinion of the CourtFoster, J.
The plaintiff as indorsee of two promissory notes made payable to the defendant or his order, declares against him as indorser of the same. The defendant challenges the plaintiff’s right of recovery by a general demurrer to his declaration. The rights of the parties must be determined upon their pleadings.
The plaintiff’s declaration sets out the date of each note, (August 4, 1889, and January 19, 1890, respectively, both of which dates fell upon Sunday,) and that this defendant, the payee, on the same day on which they bear date indorsed and delivered them to certain parties named, who on the…
2Cases cited2 opinions
- Philadelphia, Wilmington & Baltimore Railroad v. LehmanCourt of Appeals of Maryland · 1881
- McIntosh v. LeeSupreme Court of Iowa · 1881
3Cited by5 opinions
- State v. Van NessSupreme Court of Vermont · 1938
- Inman v. WillinskiSupreme Judicial Court of Maine · 1949
- Baxter v. MacgowanSupreme Judicial Court of Maine · 1933
- Payson v. CohenSupreme Judicial Court of Maine · 1962
- Meloon v. DavisCourt of Appeals for the First Circuit · 1923