Herbert v. Ford
Supreme Judicial Court of Maine
Exceptions from the District Court, Rice, J. The action was assumpsit upon a note given to the plaintiff, and not negotiable, for $ 175, on which there were several indorse-ments, the last under date of June, 1841, all in the handwriting of the defendant, leaving due of principal and interest on the day of the trial, $32,71. There was evidence that the note was given for the medical stand, (or professional practice and good will of his stand,) of Dr. Albert S. Clark, in the…
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Exceptions from the District Court, Rice, J. The action was assumpsit upon a note given to the plaintiff, and not negotiable, for $ 175, on which there were several indorse-ments, the last under date of June, 1841, all in the handwriting of the defendant, leaving due of principal and interest on the day of the trial, $32,71. There was evidence that the note was given for the medical stand, (or professional practice and good will of his stand,) of Dr. Albert S. Clark, in the town of Bristol. The terms of the trade had been agreed to, before Dr. Clark left Bristol, and áfter he had left, the…
1Opinion of the Court
The opinion of the Court, (Howard, J. concurring in the result only,) was delivered by
'Wells, J.
It appears by the facts stated in the bill of exceptions, that the note in suit was given for the good will of the professional practice of Doct. Albert S. Clark, in the town of Bristol, and by the agreement of the parties, it was made payable to the plaintiff, as the agent of Clark. The *551plaintiff holds it for Clark, and it is open to any defence, which might be made against the latter. Petry v. Christy, 19 Johns. 52.
Four or five years after the note was given, Clark returned to Bristol, and…
2Cases cited1 opinion
- Henry v. BrownNew York Supreme Court · 1821
3Cited by1 opinion
- Steckbauer v. LeykomWisconsin Supreme Court · 1907