Garnsey v. Allen
Supreme Judicial Court of Maine
This is an action of assumpsit for money paid on a judgment against the plaintiff, in favor of R. C. Johnson, founded on a note signed by the defendant, dated Sept. 8, 1835, payable to William Bailey or order, and by him indorsed, in two years from date, with annual interest, and indorsed by the plaintiff; writ is dated Sept. 3,1843. The trial was before Tenney J. The plaintiff, to maintain his action, introduced a copy of said note and of the original suit and judgment…
Read the full summary
This is an action of assumpsit for money paid on a judgment against the plaintiff, in favor of R. C. Johnson, founded on a note signed by the defendant, dated Sept. 8, 1835, payable to William Bailey or order, and by him indorsed, in two years from date, with annual interest, and indorsed by the plaintiff; writ is dated Sept. 3,1843. The trial was before Tenney J. The plaintiff, to maintain his action, introduced a copy of said note and of the original suit and judgment recovered thereon, at the September term of the district court, county of Waldo, A. D. 1841, and introduced the original…
1Opinion of the Court
The opinion of the Court was drawn up by
WhitmaN C. J.
The plaintiff, the second indorsee of a note, made by the defendant, negotiated it to R. C. Johnson, before it became due, who recovered judgment thereon against the plaintiff. It may be presumed, as no question appears to have been made about it at the trial, that the plaintiff had been duly notified of a demand made in due season, upon the maker, without obtaining payment of him; and so that judgment was properly obtained against the plaintiff for the amount due thereon. And evidence was introduced, and, though objected to, was admitted,…
2Cases cited1 opinion
- Butler v. WrightNew York Supreme Court · 1823
3Cited by1 opinion
- Galliers v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1902