Legal Opinion

Demuth v. Cutler

Supreme Judicial Court of Maine

Decided July 1, 1862PublishedCited by 3 opinions

Exceptions from the ruling of Tenney, C. J., presiding at Nisi Prius. Tuts was an action of assumpsit against the defendant as indorser of a promissory note of the following tenor: — "Augusta, 24th May, 1854. Eor value received, I promise, as treasurer of Vassalboro’ Company, to pay to the order of James Bridge, fifteen hundred dollars in eighteen months, with interest annually.

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Exceptions from the ruling of Tenney, C. J., presiding at Nisi Prius. Tuts was an action of assumpsit against the defendant as indorser of a promissory note of the following tenor: — "Augusta, 24th May, 1854. Eor value received, I promise, as treasurer of Vassalboro’ Company, to pay to the order of James Bridge, fifteen hundred dollars in eighteen months, with interest annually. (Signed,) James Bridge, Treasurer Y. Co.” Indorsed, "James Bridge, Reuel Williams, J. L. Cutler, Gilbert Hillman.” Plea, general issue. The plaintiff called Gilbert Hillman, who testified that he received the note in…

1Opinion of the Court

The opinion of the Court was drawn up by

Appleton, C. J.

The note in suit was indorsed in blank. The law is too well settled to be longer a matter of controversy, that an action on an indorsed note or bill of exchange may be maintained in the name of a nominal plaintiff, with his consent. Golder v. Foss, 43 Maine, 364; Granite Bank v. Ellis, 43 Maine, 367. In Craig v. Twomey, 14 Gray, 486, the plaintiff testified that the suit was not conducted for his benefit, but for that of a third person, who, on his part, denied having anything to do with it; yet the plaintiff, subsequently adopting the…

2Cases cited1 opinion

  1. Whiteford v. BurckmyerCourt of Appeals of Maryland · 1843

3Cited by3 opinions

  1. Magee v. Pennsylvania Schuylkill Valley RailroadSuperior Court of Pennsylvania · 1900
  2. Citizens State Bank v. E. A. Tessman & Co.Supreme Court of Minnesota · 1913
  3. Bank of America v. SeniorSupreme Court of Rhode Island · 1876

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