Legal Opinion

De Proux v. Sargent

Supreme Judicial Court of Maine

Decided September 11, 1879PublishedCited by 1 opinion

On report. Writ dated December 10, 1878. Declaration in a plea of the case, for that said Charles H. Sargent on the sixth day of August, A. D. 1875, the same being the first Tuesday of August, A. D. 1875, at Belfast aforesaid, at a term of the Belfast municipal court then and there held, recovered judgment against said”De Proux for the sum of nine dollars and one cent debt or damage and costs of suit taxed at five dollars and eighty-nine cents in "an action of assumpsit upon…

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On report. Writ dated December 10, 1878. Declaration in a plea of the case, for that said Charles H. Sargent on the sixth day of August, A. D. 1875, the same being the first Tuesday of August, A. D. 1875, at Belfast aforesaid, at a term of the Belfast municipal court then and there held, recovered judgment against said”De Proux for the sum of nine dollars and one cent debt or damage and costs of suit taxed at five dollars and eighty-nine cents in "an action of assumpsit upon a promissory note; that upon said judgment no execution could be legally issued running against the body of the said De…

1Opinion of the CourtVirgin, J.

An action of debt lies for a sum certain, whether it has been rendered certain by a judgment, or by a special or simple contract between the parties. 2 Grreenl. Ev. § 279. McVicker v. Beedy, 31 Maine, 314, 318. Morris v. School Dist., 12 Maine, 29. Portland v. At. & St. L. R. R. Co., 66 Maine, 485, 487. Hence debt may be maintained not only by the payee (Martin v. Root, 17 Mass. 222; Mandeville v. Ridle, 1 Cranch, 290,) but by the indorsee against the maker of a promissory note. Wilmarth v. Crawford, 10 Wend. 340. Raborg v. Peyton, 2 Wheat. 385.

So a count in debt on a simple contract may be…

2Cases cited4 opinions

  1. Raborg v. PeytonSupreme Court of the United States · 1817
  2. Mandeville v. Joseph Riddle & Co.Supreme Court of the United States · 1803
  3. Stiles v. TilfordNew York Supreme Court · 1833
  4. Union Cotton Manufactory v. LobdellNew York Supreme Court · 1816

3Cited by1 opinion

  1. The Tubal CainDistrict Court, S.D. New York · 1881

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