Beaman v. Whitney
Supreme Judicial Court of Maine
This was an action of assumpsit upon a promissory note in the following terms: — “ Brooks, June 10,1837. For value received we promise to pay Jacob Roberts, or bearer, seven hundred and twenty-five dollars, within one year from October next and interest. Whitney, Watson & Co., “ by R. W. Fthes, Agent. “ Attest: John Fogg.”
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This was an action of assumpsit upon a promissory note in the following terms: — “ Brooks, June 10,1837. For value received we promise to pay Jacob Roberts, or bearer, seven hundred and twenty-five dollars, within one year from October next and interest. Whitney, Watson & Co., “ by R. W. Fthes, Agent. “ Attest: John Fogg.” The cause coming on for trial, the plaintiff, to maintain the issue on his part, introduced Reuben W. Fthes, having first released him from all liability for having signed the note as agent, who testified that at the time said note was given, he was acting as the agent of…
1Opinion of the Court
The opinion of the Court was by
Weston C. J.
The association or copartnership, for the establishment of a store of English and West India goods in Thorndike, was to continue for the period of nine years, unless sooner terminated by a majority of the votes. They were to operate upon a capital of ten thousand dollars. By the fourth article of their constitution, it was made the duty of the managers to provide a store for the company. How that duty was to be performed is not pointed out. It is a matter then submitted to their reasonable discretion, which, in our judgment, they were at liberty to…
2Cited by21 opinions
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- Ogden Building & Loan Ass'n v. MenschIllinois Supreme Court · 1902
- Merced Bank v. RosenthalCalifornia Supreme Court · 1893
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