Legal Opinion

Pres't, &c. Middlesex Bank v. Butman

Supreme Judicial Court of Maine

Decided June 15, 1848PublishedCited by 4 opinions

Assumpsit upon a promissory note. The plaintiffs produced, proved and read the note. The defendants produced and read a copy of a judgment rendered thereon in the Court of Common Pleas, in the county of Middlesex and Commonwealth of Massachusetts, and contended that the suit could not be maintained upon the note. The return of the officer who served the writ was as follows:— “ Worcester, ss.

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Assumpsit upon a promissory note. The plaintiffs produced, proved and read the note. The defendants produced and read a copy of a judgment rendered thereon in the Court of Common Pleas, in the county of Middlesex and Commonwealth of Massachusetts, and contended that the suit could not be maintained upon the note. The return of the officer who served the writ was as follows:— “ Worcester, ss. May 29, 1841.'— By virtue of this writ I attached a chip as the property of the within named defendants, and on the same day I summoned each of them to appear at court by giving summons to Col. Isaac…

1Opinion of the Court

The opinion of the Court, Shefley, Tenney and Wells Justices, was drawn up by

Tenney J.

This suit, which is on a note of hand, is defended upon the ground, that the cause of action is already merged in a judgment obtained in the county of Middlesex and Commonwealth of Massachusetts, and in support of the' position taken by the defendants, they invoke the constitution of the United States, art. 4, sect. 1, and the act of Congress under the authority thus conferred upon them, of May 26, 1790; 1 U. S. Laws, chap. 38. By the section in the constitution relied upon, “ full faith and credit shall be…

2Cases cited5 opinions

  1. Mills v. DuryeeSupreme Court of the United States · 1813
  2. Hampton v. M'connelSupreme Court of the United States · 1818
  3. Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
  4. Hitchcock & Fitch v. AickenNew York Supreme Court · 1803
  5. Dix v. FlandersSuperior Court of New Hampshire · 1818

3Cited by4 opinions

  1. National Bank v. R. E. Peabody & Co.Supreme Court of Vermont · 1883
  2. Randerson v. McKaySupreme Court of Oklahoma · 1920
  3. Howard v. McNaughtWashington Supreme Court · 1894
  4. Bush v. AldrichSupreme Court of South Carolina · 1918

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