Legal Opinion

Sampson v. Sampson

Supreme Judicial Court of Maine

Decided July 1, 1874PublishedCited by 6 opinions

On pacts agreed. Assumpsit upon a note of this tenor: “Hartford, Me., March 31, 1861. “For value received of Moses Sampson, I promise to pay him, or bearer, one thousand dollars, to be paid as follows; one third part in one year, one third part in two years, one third part in three years from the death of the said Moses Sampson, reserving the right of paying in advance upon the following conditions; — interest to be paid or allowed on all sums paid before the death of said…

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On pacts agreed. Assumpsit upon a note of this tenor: “Hartford, Me., March 31, 1861. “For value received of Moses Sampson, I promise to pay him, or bearer, one thousand dollars, to be paid as follows; one third part in one year, one third part in two years, one third part in three years from the death of the said Moses Sampson, reserving the right of paying in advance upon the following conditions; — interest to be paid or allowed on all sums paid before the death of said Moses Sampson from the date of payment to the time of his death, and whatever remains unpaid after his death shall draw…

1Opinion of the CourtBarrows, J.

This action is brought to recover of the defendant, as heir at law of Elisha T. Sampson, her proportional part of a balance remaining due upon the second instalment of a note given by said Elisha T. Sampson, March 31, 1861, to his father, Moses Sampson, the plaintiff’s testator, for one thousand dollars, payable in three instalments falling due respectively in one, two and three years after the death of the payee. The payee died April 5, 1871. In pursuance of stipulations in the note under which the promisor was to be entitled to interest during the lifetime of the payee upon such payments in…

2Cases cited2 opinions

  1. Royce v. BurrellMassachusetts Supreme Judicial Court · 1815
  2. Boynton v. TurnerMassachusetts Supreme Judicial Court · 1816

3Cited by6 opinions

  1. Choroszy v. TsoSupreme Judicial Court of Maine · 1994
  2. Merchants National Bank v. BraithwaiteNorth Dakota Supreme Court · 1898
  3. Maine Medical Center v. CoteSupreme Judicial Court of Maine · 1990
  4. Hale v. CoffinCourt of Appeals for the First Circuit · 1903
  5. Charles M. Martin v. Department of CorrectionsSupreme Judicial Court of Maine · 2018

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