Farrell v. Lovett
Supreme Judicial Court of Maine
ON REPORT. Assumpsit on this note. “ Chester, March 25th, 1876. Five months after date, I, or we, promise to pay James Lawler, or order, one hundred and fifty dollars, for value received, negotiable and payable at Eastern Ex. Company, Lincoln, Me., without defalcation or discount, with 6 per cent interest from date until paid. (Signed) B. L. Lovett. Luther L. Lovett. Witness — G. Stetson. Post Office, Lincoln, county Penobscot.” Indorsed, James Lawler, James P. Farrell.
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ON REPORT. Assumpsit on this note. “ Chester, March 25th, 1876. Five months after date, I, or we, promise to pay James Lawler, or order, one hundred and fifty dollars, for value received, negotiable and payable at Eastern Ex. Company, Lincoln, Me., without defalcation or discount, with 6 per cent interest from date until paid. (Signed) B. L. Lovett. Luther L. Lovett. Witness — G. Stetson. Post Office, Lincoln, county Penobscot.” Indorsed, James Lawler, James P. Farrell. On the back of the note was printed this: “ I own-acres of land in my own name in the town of-county of-and state of-which…
1Opinion of the Court
AppletoN, O. J.
This is an action upon a promissory note of the defendants, payable to James Lawler or order in five months from date, and indorsed to the plaintiff before maturity, for value.
The defense is that Lawler, to whom it was payable, obtained it through fraud. The note was given for cloths and shawls sold *328by him to the defendant Lovett. The goods were spread out by the seller for examination, and examined by the purchaser. The alleged fraudulent representations were that the goods “were English goods, manufactured from the best material ; that there was a great failure in England,…
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