First National Bank v. Ware
Supreme Judicial Court of Maine
On report. Assumpsit on two promissory notes to wbicb the defendant, as maker, pleaded a composition agreement under insolvency proceedings as a bar. The case appears in the opinion. The plaintiff cannot recover because it assented to the composition agreement by accepting the first payment under it. The recent decision of this court in Anderson v. Standard Granite Company, 92 Maine, 429, is directly in point.
Read the full summary
On report. Assumpsit on two promissory notes to wbicb the defendant, as maker, pleaded a composition agreement under insolvency proceedings as a bar. The case appears in the opinion. The plaintiff cannot recover because it assented to the composition agreement by accepting the first payment under it. The recent decision of this court in Anderson v. Standard Granite Company, 92 Maine, 429, is directly in point. “ If an offer of money is made to anyone upon certain terms and conditions and the party to whom it is offered takes the money, though without words of assent, the acceptance is an…
1Opinion of the CourtEmery, J.
This is an action of assumpsit on two promissory notes given by the defendant for value and discounted by the plaintiff bank for value. The defendant claims one or more *394defenses to be afforded by certain transactions briefly stated as follows :—
On May 25, 1898, after giving the notes, the defendant made a common law assignment under seal for the benefit of his creditors in the usual form, with the usual provision for the immediate release of claims, to Chas. F. Johnson. Several of his creditors, including the plaintiff bank, did not, at the time at least, become parties to this assignment.…
2Cases cited4 opinions
- Perkins v. LockwoodMassachusetts Supreme Judicial Court · 1868
- Parmenter Manufacturing Co. v. HamiltonMassachusetts Supreme Judicial Court · 1898
- Curran v. RummellMassachusetts Supreme Judicial Court · 1875
- Sage v. ValentineSupreme Court of Minnesota · 1876
3Cited by3 opinions
- Shekell v. Ypsilanti Savings BankMichigan Supreme Court · 1934
- Rebecca W. Belanger v. Lisa M. YorkeSupreme Judicial Court of Maine · 2020
- American Exchange Bank v. BornsteinWisconsin Supreme Court · 1924