Bird v. Smith
Supreme Judicial Court of Maine
On Report from Nisi Prius, Wells, J. Assumpsit. — The defendant, in 1841, gave his negotiable note, of $1500 and interest, to one Ellis, by whom it was negotiated to Ephraim Woodman as collateral security for a loan of about $338. Ephraim Woodman negotiated it, before the pay-day, to Oliver O. Woodman, in whose name a judgment was recovered upon it in June, 1850, for the sum of $2285, damage, besides costs.
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On Report from Nisi Prius, Wells, J. Assumpsit. — The defendant, in 1841, gave his negotiable note, of $1500 and interest, to one Ellis, by whom it was negotiated to Ephraim Woodman as collateral security for a loan of about $338. Ephraim Woodman negotiated it, before the pay-day, to Oliver O. Woodman, in whose name a judgment was recovered upon it in June, 1850, for the sum of $2285, damage, besides costs. An execution, which was issued upon the judgment, was placed for collection in the hands of this plaintiff, (Bird,) who was a deputy sheriff. On the 31st Oct. 1851, the defendant drew a…
1Opinion of the CourtWells, J.
Oliver 0. Woodman on tbe second Tuesday of June, 1850, recovered a judgment against the defendant on a promissory note given by the defendant to Benjamin H. Ellis, and which was negotiated by Ellis to Ephraim Woodman, and by him to said Oliver. The check in suit was received in part payment of the execution, which issued on the judgment.
The defendant contends, that the note was held by the Woodmans as collateral security for a sum much less than the amount of it loaned by Ephraim Woodman to Ellis, and he offered to prove, that the balance due on the note belonged to Ellis, that Ellis had…
2Cited by1 opinion
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