Fessenden v. Coolidge
Supreme Judicial Court of Maine
On exceptions by defendant. This is an action of assumpsit upon a promissory note given by William C. Coombs, the defendant’s intestate, to the plaintiff. The plaintiff filed in probate court proof of his claim as provided by statute. Plea, general issue with specifications. The affidavit recited that the claim was for “money loaned” and was evidenced by the note.
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On exceptions by defendant. This is an action of assumpsit upon a promissory note given by William C. Coombs, the defendant’s intestate, to the plaintiff. The plaintiff filed in probate court proof of his claim as provided by statute. Plea, general issue with specifications. The affidavit recited that the claim was for “money loaned” and was evidenced by the note. The plaintiff offered the note with proof of claim and affidavit, which was admitted, and the defendant objected to their introduction. Defendant offered no proof and the presiding Justice directed a verdict for plaintiff. To these…
1Opinion of the CourtSavage, C. J.
Assumpsit on a promissory note signed by the defendant’s intestate, William C. Coombs. The plaintiff seasonably filed her claim, supported by her affidavit, in probate court as pro*148vided by statute, R. S., ch. 89, sect. 14. Her claim was stated to be for “money loaned by me to William C. Coombs and evidenced by the note hereto annexed and marked Exhibit A.” etc.
At the trial, the plaintiff was permitted to introduce the claim filed in the probate court, with the note attached. The defendant objected to the introduction of the note without extraneous proof that the consideration was “money…
2Cited by2 opinions
- Holmes v. FraserSupreme Judicial Court of Maine · 1943
- Grant v. ChoateSupreme Judicial Court of Maine · 1935