Robinson v. Perry
Supreme Judicial Court of Maine
On exceptions from superior court. Assumpsit on a promissory note for fifty dollars, dated March 3, 1874, payable to J. G. Durgin or order six months afterdate. The case was tried by the presiding justice without the intervention of a jury, subject to exceptions in matters of law.
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On exceptions from superior court. Assumpsit on a promissory note for fifty dollars, dated March 3, 1874, payable to J. G. Durgin or order six months afterdate. The case was tried by the presiding justice without the intervention of a jury, subject to exceptions in matters of law. The justice found that the note was not indorsed and delivered by Durgin to the plaintiff until February or March, 1876, and the amount then due upon it was fifty-six dollars and fifty-four cents, and that at the same time Durgin was indebted to the defendant on an account, which had been seasonably filed in set-off…
1Opinion of the CourtLibbey, J.
The question in this case is whether the defendant’s account against the payee of the note in suit, filed in set-off, is admissible as a defence to the action on the note by the plaintiff, an indorser who took it after it was dishonored.
The rule established in England will not allow it. The rule there is that the plaintiff in such cases is liable only to the equities arising out of the note itself, or the consideration for it; or to the allowance of such demands due the maker of the note from the payee as might be found by either express or implied understanding of the parties to have been…
2Cases cited3 opinions
- Haxton v. BishopNew York Supreme Court · 1829
- Robinson v. LymanSupreme Court of Connecticut · 1833
- Stedman v. JillsonSupreme Court of Connecticut · 1833
3Cited by3 opinions
- Durbin v. Oregon RailroadOregon Supreme Court · 1888
- McKay v. H. A. Hall & Co.Supreme Court of Oklahoma · 1912
- State Bank v. HayesSouth Dakota Supreme Court · 1902