First National Bank v. McKenney
Supreme Judicial Court of Maine
On Exceptions. Assumpsit on several promissory notes, in each of two cases, presenting similar facts and the same legal points, submitted to the presiding justice and tried together without the intervention of a jury, with right of exceptions. .The second count of the first writ was in this form: “Also for that the said defendant, at said Biddeford, on the fourteenth day of October, A. D. 1875, by his promissory note of that date by him subscribed, for value received,…
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On Exceptions. Assumpsit on several promissory notes, in each of two cases, presenting similar facts and the same legal points, submitted to the presiding justice and tried together without the intervention of a jury, with right of exceptions. .The second count of the first writ was in this form: “Also for that the said defendant, at said Biddeford, on the fourteenth day of October, A. D. 1875, by his promissory note of that date by him subscribed, for value received, promised the said bank to pay it the sum of fifteen hundred dollars in four months after said date, which time has long since…
1Opinion of the CourtBarrows, J.
TJndei’ the strictest ancient rules of pleading, the plaintiffs’ declaration upon these joint and several notes as the several notes of the defendants must have been held good in these several suits against them. The contract between the parties to the suit was set out according to its legal import and effect, and it mattered not though the instruments px'oduced in evidence showed another and joint contract also. That was not the contract here sued, and there was no occasion to refer to it in these declarations merely because it could be proved by the same instrument which proved the contract…
2Cases cited1 opinion
- Anderson v. HamiltonIndiana Supreme Court · 1841