Moore v. McKenney
Supreme Judicial Court of Maine
On exceptions. This was an action of assumpsit brought against the defendant as guarantor of the payment of a certain promissory note.
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On exceptions. This was an action of assumpsit brought against the defendant as guarantor of the payment of a certain promissory note. "Writ dated January 1, 1889. (Declaration.) "In a plea of the case ; for that whereas Isaac A. Johnson and Charles E. Johnson, on the first day of January, 1885, at said Auburn, was indebted to the plaintiff in the sum of one hundred dollars, with interest therefor, according to the note of the said Tsaac A. and Charles E. Johnson, under their hands, given to the plaintiff long before, to wit, on the twelfth day of August, I860, and being so indebted, the…
1Opinion of the CourtWalton, J.
This is an action on a negotiable promissory note on the back of which the defendant, not being the payee, had written his name in blank, and over which the plaintiff's counsel, at or before the trial, wrote the words, "for value received I hereby guarantee the payment of the money above mentioned, to Ann J. Moore.”
No evidence being offered in defense, the only question is whether the plaintiff's evidence was sufficient to entitle her to a verdict.
We think it was. The note itself was sufficient to establish a prima facie case. Colburn v. Averill, 30 Maine, 310; Lowell v. Gage, 38 Maine, 35;…
2Cases cited2 opinions
- Howe v. TaggartMassachusetts Supreme Judicial Court · 1882
- Elton v. JohnsonSupreme Court of Connecticut · 1844
3Cited by9 opinions
- Ballard v. BurtonSupreme Court of Vermont · 1892
- Hammel v. Ziegler Financing Corp.Court of Appeals of Wisconsin · 1983
- Powers v. WoolfolkMissouri Court of Appeals · 1908
- Hultzen v. WithamSupreme Judicial Court of Maine · 1951
- Castle v. SmithHawaii Supreme Court · 1905
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