Inhabitants of Augusta v. Leadbetter
Supreme Judicial Court of Maine
ExceptioNs from the Court of Common Pleas, Remington J. presiding. The action was brought by the plaintiffs as indorsees of a note given by the defendant to one Armstrong and by him indorsed. At the time of the trial in the Court of Common Pleas, there was an action pending in the same Court against the town for injuries alleged to have been sustained by Leadbetter by reason of a defective road within the town.
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ExceptioNs from the Court of Common Pleas, Remington J. presiding. The action was brought by the plaintiffs as indorsees of a note given by the defendant to one Armstrong and by him indorsed. At the time of the trial in the Court of Common Pleas, there was an action pending in the same Court against the town for injuries alleged to have been sustained by Leadbetter by reason of a defective road within the town. The defendant called Potter, the attorney of the plaintiffs, who testified, that the promisee brought the note to him before this action was commenced, the witness being then the…
1Opinion of the Court
The case was continued for advisement, and the opinion of the Court subsequently drawn up by
Shepley J.
The promissory note upon which this action is brought, was payable to William Armstrong or order, and by him indorsed, directing it to be paid to the plaintiffs or their order. This is sufficient to pass the property to them, unless there is some legal objection to their title, arising out of their want of capacity to take for the purpose for which it was received, or out of the man*47ner in which it was acquired. Although it was received before the town agent knew, that the defendant would…
2Cases cited1 opinion
- Kingsbury v. WildSuperior Court of New Hampshire · 1823
3Cited by1 opinion
- Sargent v. Inhabitants of BristolU.S. Circuit Court for the District of Maine · 1876