Perkins v. Boothby
Supreme Judicial Court of Maine
This was an action of assumpsit upon five promissory notes. The.first, dated November 8th, 1875, for $140, payable on demand with interest; second, dated February 3d, 1876, for $250, payable on demand with interest at seven per cent. ; third, dated September 16th, 1876, for $145, payable on demand with interest; fourth, dated September 22d, 1876, for $900, payable on demand with interest; and fifth, dated January 17th, 1877, for $500, payable on demand with interest.
Read the full summary
This was an action of assumpsit upon five promissory notes. The.first, dated November 8th, 1875, for $140, payable on demand with interest; second, dated February 3d, 1876, for $250, payable on demand with interest at seven per cent. ; third, dated September 16th, 1876, for $145, payable on demand with interest; fourth, dated September 22d, 1876, for $900, payable on demand with interest; and fifth, dated January 17th, 1877, for $500, payable on demand with interest. The action was referred, and the report of the referee makes a part of the case, and "is submitted to the full court tobe acted…
1Opinion of the CourtSymoNDS, J.
Upon the facts found by the referee in this case, it must be held that the agent, Cleaves, had no authority to give the notes of the defendant company, in oi’der to procure loans of money.' As the notes in suit were given by the agent for that purpose, it would seem that the plaintiff cannot recover upon them.
But it appears by the report of the referee, that, "the money for which these notes were given was received by Mr. Cleaves, the company’s agent, and by him appropriated to the payment of the debts of the company, contracted for goods previously purchased.” The directors of the company…
2Cases cited7 opinions
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Parish v. . WheelerNew York Court of Appeals · 1860
- State Board of Agriculture v. Citizens Street Railway Co.Indiana Supreme Court · 1874
- Steam Navigation Co. v. WeedNew York Supreme Court · 1853
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- McDermott v. JacksonWisconsin Supreme Court · 1897
- Andrews v. RobertsonWisconsin Supreme Court · 1901
- Amazon Fire Ins. Co. v. BondSupreme Court of Oklahoma · 1917
- Flat Top National Bank v. ParsonsWest Virginia Supreme Court · 1922
- Standard Savings & Loan Ass'n v. AldrichCourt of Appeals for the Sixth Circuit · 1908
8 more not listed; retrieve them via the Exa API.