Simpson v. Garland
Supreme Judicial Court of Maine
On exceptions. Assumpsit upon the promissory note hereinafter mentioned. Plea, the general issue, with brief statement that the note declared upon was that of the Carmel Cheese Manufacturing-Company. (Note.) "$1,000. Carmel, April 22, 1870. For value received, we, the subscribers for Carmel Cheese Manufacturing Co. promise to pay William Simpson, or order, one thousand dollars in six months from date with interest. E. A. SIMPSON, RUEUS WORK, . A. S. GARLAND.”
Read the full summary
On exceptions. Assumpsit upon the promissory note hereinafter mentioned. Plea, the general issue, with brief statement that the note declared upon was that of the Carmel Cheese Manufacturing-Company. (Note.) "$1,000. Carmel, April 22, 1870. For value received, we, the subscribers for Carmel Cheese Manufacturing Co. promise to pay William Simpson, or order, one thousand dollars in six months from date with interest. E. A. SIMPSON, RUEUS WORK, . A. S. GARLAND.” The defendants offered to prove that at the time the note was given, there was such a corporation as Carmel Cheese Manufacturing…
1Opinion of the CourtLibbey, J.
The question involved in this case is, whether the note in suit is the note of the defendants or of the Carmel Cheese Manufacturing Company.
The common law rule, as declared by the earlier decisions, upon this question, has been, to some extent, modified by our statute (R. S., c. 73, § 15,) and the more recent decisions of the courts. In Nobleboro' v. Clark, 68 Maine, 87, this court, after an examination of decided cases and our statutory provisions, *42declared the rule as follows : "Applying the principles settled by the courts, and the provisions of our statutes to the question under…
2Cases cited5 opinions
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
- Carpenter v. FarnsworthMassachusetts Supreme Judicial Court · 1871
- Lamson & Goodnow Manufacturing Co. v. RussellMassachusetts Supreme Judicial Court · 1873
- Chipman v. FosterMassachusetts Supreme Judicial Court · 1875
3Cited by1 opinion
- Snyder v. First National BankOhio Circuit Courts · 1896