Hopkins v. Megquire
Supreme Judicial Court of Maine
On Exceptions from the District Court, Hathaway, J. Assumpsit upon a promissory note given by the defendant to Pierce ó/' Poor, and alleged to have been indorsed by them. The evidence introduced to show the indorsement, is reported in the opinion of the Court.
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On Exceptions from the District Court, Hathaway, J. Assumpsit upon a promissory note given by the defendant to Pierce ó/' Poor, and alleged to have been indorsed by them. The evidence introduced to show the indorsement, is reported in the opinion of the Court. The defendant filed an account in set-off for four thousand pickets, $60,00. To prove this claim he introduced witnesses whose testimony tended to show that the defendant, on a demand by the plaintiff, refused to pay the note, alleging that it had already been paid ; that thereupon the plaintiff replied that he had kept back four…
1Opinion of the CourtAppleton, J.
— The plaintiff claims to recover as the indorser of a note, signed by the defendant, payable to Pierce & Pool or order, and by them indorsed. To prove the indorsement of the note, he called a witness, who on his direct examination, testified that he had seen Pool write five or six times and that it was his strong impression that the indorsement was in his handwriting ; that it looked like it; and, being cross-examined, he said, that the writing on the back of the note resembled Pool’s, but that he could not swear to the indorsement nor to his writing. It is insisted, by the counsel ' for the…
2Cases cited1 opinion
- Osborn v. BellNew York Supreme Court · 1848
3Cited by3 opinions
- State v. FreshwaterUtah Supreme Court · 1906
- Smith v. WarnerMichigan Supreme Court · 1866
- Magie v. OsbornThe Superior Court of New York City · 1863