Paine v. Hussey
Supreme Judicial Court of Maine
Assumpsit on a note dated June 3, 1837, for $5059,91, signed by the defendants, and made payable to F. A. Butman, or order, in twelve months with interest, and indorsed without recourse to him as indorsee.
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Assumpsit on a note dated June 3, 1837, for $5059,91, signed by the defendants, and made payable to F. A. Butman, or order, in twelve months with interest, and indorsed without recourse to him as indorsee. At the trial before Weston C. J., one of the defendants tendered his oath to prove that there was reserved in ¿nd by the note more than at the rate of six per cent, per annum for forbearance or giving day of payment, but as the action was'-in the name of the indorsee, the Chief Justice rejected this mode of proof, although the defendants offered to prove that the note was the property of…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepeex J.
The admission of the excluded testimony is claimed upon two grounds; first, that the witness was not so interested as to exclude him; second, that he was indemnified.
*276He had becpme guarantee for the eventual payment qf the note ; and he explain^ in his contract, what he intended, saying, cf I'hold myself bpund to pay the execution which may be recovered on the, same in the life qf the said execution.” He was offered to provq a failure of a part of the consideration of the note ; and such testimony, if believed, would have reduced the amount…
2Cases cited1 opinion
- Chaffee v. ThomasNew York Supreme Court · 1827