Westbrook Trust Co. v. Swett

This action of assumpsit against the endorser of a promissory note having been entered in the Municipal Court of the City of Portland, the defendant’s general demurrer to the declaration was sustained, the plaintiff moved to amend and the defendant filed written objections to the allowance of the amendment. By error, the somewhat illegible endorsement of the trial judge indicating that the demurrer was sustained was misinterpreted and a “Nonsuit” was recorded. At a subsequent term, a motion by the defendant to correct the record was granted and the record made to read not only “Demurrer…