Legal Opinion

Abbott v. Rose

Supreme Judicial Court of Maine

Decided July 1, 1873PublishedCited by 13 opinions

On exceptions. Assumpsit on a promissory note purporting to be signed by the defendant, dated March 26, 1869, for fifty dollars.

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On exceptions. Assumpsit on a promissory note purporting to be signed by the defendant, dated March 26, 1869, for fifty dollars. At the trial, Mr. Bose admitted writing his name, on the day mentioned, upon the paper on which the note aforesaid now appears, and stated the circumstances under which he did so, as follows: — On the twenty-sixth day of March, A. D., 1869, a man calling himself O. F. Persons, a total stranger to Mr. Bose, called at that gentleman’s house in Greene, and said he was round introducing a labor-saving machine, “one of the best in the worldthat he wanted to get up a club…

1Opinion of the CourtDanforth, J.

This is an action upon a promissory note in the name of an indorsee, who claims as a bona fide holder for value, without notice of any infirmity in the note, and for aught that appears, is such. One of the defences set up is that the note was procured by fraud. Under these circumstances it is contended that the defendant who is the maker, is not a competent witness to prove the fraud, until he has first shown that the plaintiff had notice of it. In Walton v Shelley, 1 T. R., 296, it was decided that a party, to a contract, not interested in the result of the suit, was on the ground of public…

2Cases cited4 opinions

  1. Putnam v. SullivanMassachusetts Supreme Judicial Court · 1808
  2. Gibbs v. LinaburyMichigan Supreme Court · 1871
  3. Churchill v. SuterMassachusetts Supreme Judicial Court · 1808
  4. Belknap v. National Bank of North AmericaMassachusetts Supreme Judicial Court · 1868

3Cited by13 opinions

  1. Merritt v. A. W. Boyden & SonIllinois Supreme Court · 1901
  2. DeCamp v. HammaOhio Supreme Court · 1876
  3. First National Bank of Parkersburg v. JohnsWest Virginia Supreme Court · 1883
  4. State v. EvansMontana Supreme Court · 1895
  5. United States v. Gregory Vincent HuntCourt of Appeals for the Tenth Circuit · 2006

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