Legal Opinion

Hussey v. Sibley

Supreme Judicial Court of Maine

Decided December 22, 1876PublishedCited by 3 opinions

Oh REPORT. Assumpsit on a promissory note of $2100, signed by the defendant, November 22, 1869, on which were twelve indorsements in the aggregate of $2260, one of which was December 7, 1874, $375, another December 26, 1874, for a gross sum in which was included $18, omitted by mistake when the December 7th indorsement was made.

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Oh REPORT. Assumpsit on a promissory note of $2100, signed by the defendant, November 22, 1869, on which were twelve indorsements in the aggregate of $2260, one of which was December 7, 1874, $375, another December 26, 1874, for a gross sum in which was included $18, omitted by mistake when the December 7th indorsement was made. These two sums of $375 and $18 were the amounts estimated due on a town order passed by the defendant to the plaintiff of the following tenor : “$300. May 14, 1869. To Nehemiah Smart, town treasurer, or his successor. Pay to Charles Plaisted or order, three hundred…

1Opinion of the CourtDanforth, J.

This is an action to recover the balance due upon a promissory note upon which there are quite a number of indorse-ments. The indorsement of December 7, 1874, for $375, and a part of that of December 26, 1874, it is agreed were made in consideration of an order drawn by the selectmen upon the town treasurer of Searsmont, and accepted by him. It is claimed by the plaintiff that the amount so indorsed should not be allowed in payment, as the order proved invalid and worthless. Whether it should be so allowed is the only question presented. Certain facts are undisputed. It is agreed that the…

2Cases cited4 opinions

  1. Young v. AdamsMassachusetts Supreme Judicial Court · 1810
  2. Roberts v. . FisherNew York Court of Appeals · 1870
  3. Ellis v. WildMassachusetts Supreme Judicial Court · 1810
  4. Bennett v. HallSupreme Court of Connecticut · 1815

3Cited by3 opinions

  1. McClure v. . Central Trust Co.New York Court of Appeals · 1900
  2. Barber Asphalt Paving Co. v. City of HarrisburgCourt of Appeals for the Third Circuit · 1894
  3. Strauss v. HenseyCourt of Appeals for the D.C. Circuit · 1895

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