Furgerson v. Staples
Supreme Judicial Court of Maine
On REPORT. This was an action brought by the plaintiff, as surviving partner of the firm, Samuel Otis & Co., to recover the consideration paid, and interest thereon, by said firm to the defendant for three overdue town orders, and which were afterwards adjudged by this court to be void. Otis v. Stockton, 76 Maine, 506. The orders were indorsed by the defendant.
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On REPORT. This was an action brought by the plaintiff, as surviving partner of the firm, Samuel Otis & Co., to recover the consideration paid, and interest thereon, by said firm to the defendant for three overdue town orders, and which were afterwards adjudged by this court to be void. Otis v. Stockton, 76 Maine, 506. The orders were indorsed by the defendant. The writ dated November 10,1883, contained counts for money had and received, and for interest for forbearance on money due and owing. The specification under the count for money had and received was as follows: — -“the plaintiffs…
1Opinion of the CourtHaskell, J.
The defendant, upon payment of $3,000 to the municipal officers of the town of Stockton, received from them three town orders for $1000 each, dated November 17, 1877, payable to his own order, with interest annually, and already accepted by the treasurer of the town.
On the 17th of January, 1879, the defendant indorsed one year’s interest upon each of the orders and indorsed and delivered the orders to the plaintiff for value, and in good faith, both parties believing them to be legal obligations of the town.
*163The orders have been held by this court as issued without authority from the town,…
2Cited by3 opinions
- Maddox v. DuncanSupreme Court of Missouri · 1898
- Fidelity Trust Co. v. PalmerWashington Supreme Court · 1900
- Portland Savings Bank v. ShwartzSupreme Judicial Court of Maine · 1938