Weeks v. Elliott
Supreme Judicial Court of Maine
On Exceptions from the District Court, Rice, J. Assumpsit by the payee, who is an attorney-at-law, against the maker of two promissory notes.
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On Exceptions from the District Court, Rice, J. Assumpsit by the payee, who is an attorney-at-law, against the maker of two promissory notes. To prove payment, the defendant introduced a witness who testified that he, the witness, was indebted to the defendant in the sum of $28,50 upon two small due-bills ; — that the plaintiff, defendant and witness were together, when the plaintiff verbally promised the defendant to allow him that amount, and take his pay therefor from the witness in services as a deputy sheriff; —that the witness afterwards credited the plaintiff on book account for the…
1Opinion of the Court
Wells, J., orally.
— In these exceptions, we are to look only at the instructions given and the instructions refused.
The Judge instructed the jury that if the agreement, as testified to, was made, and if it was not executed at that time by an allowance on the notes in suit, it was not then a payment ; — and that, unless the plaintiff, after the official services were rendered by the witness, had allowed or indorsed the amount upon the note, the services did not constitute a. payment.
If the agreement was that the plaintiif should receive the witness’ promise, as mere collateral to the notes in…
2Cited by1 opinion
- Harvey v. GrahamSupreme Court of New Hampshire · 1865