Motley v. Sawyer
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Rice, J., presiding. Assumpsit on a promissory note given in March, 1841, to Nathapiel Motley in part consideration of a deed of a parcel of real estate. The defence was a failure of consideration.
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On Exceptions from Nisi Prius, Rice, J., presiding. Assumpsit on a promissory note given in March, 1841, to Nathapiel Motley in part consideration of a deed of a parcel of real estate. The defence was a failure of consideration. There was proof tending to show that Nathaniel Motley was the husband of plaintiff, when the deed was made, and so remained until May, 1850, when she was divorced from him; that he gave to her the note in consideration of her signing the deed of said real estate to defendant, therein relinquishing her right of dower, at or about the time the deed was made, but it was…
1Opinion of the CourtCutting, J.
— Some time prior to 1849, Nathaniel Motley, then being the plaintiff’s husband, conveyed certain real estate to the defendant and received from him, in part consideration, the note now in suit, which was at or about the same time delivered by the husband to Ms wife to procure her release of dower in the estate so conveyed.
The general instructions given by the presiding Judge, were strictly in accordance with the law regulating the transfer of negotiable paper. The jury have found under those instructions for the plaintiff, and thereby have established these facts, viz; that the note was…
2Cited by6 opinions
- Brown v. RawlingsIndiana Supreme Court · 1880
- Schwenck v. HessWest Virginia Supreme Court · 1919
- In re Carol A. BoardmanSupreme Judicial Court of Maine · 2017
- Dailey v. DaileyIndiana Court of Appeals · 1900
- Brown v. RawlingsIndiana Supreme Court · 1881
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