Wing v. Clark
Supreme Judicial Court of Maine
Assumpsit upon a note. The parties put down the testimony of witnesses, and referred to depositions, letters and an' order, as if the same had been introduced in evidence on a trial; and thereupon submitted the case to the decision of the Court. The facts, considered by the Court to be proved by the evidence, appear in the opinion. The views taken of it by the counsel will be found in the 'arguments.
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Assumpsit upon a note. The parties put down the testimony of witnesses, and referred to depositions, letters and an' order, as if the same had been introduced in evidence on a trial; and thereupon submitted the case to the decision of the Court. The facts, considered by the Court to be proved by the evidence, appear in the opinion. The views taken of it by the counsel will be found in the 'arguments. This action is against the defendants, as joint promisors, not as partners. 1st. Then, as to the contract declared on. It is within the statute of frauds and void, because, “ no note or…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
By the statement of the evidence agreed lipón by the parties, the conclusion, as to the matter of fact, as well as of law, is submitted to the consideration of the Court. By two lettefs, copied into the statement, it appears, that the defendants, who were clothiers, as early as the sixteenth of November, 1840, had contracted with the plaintiff to buy of him a shearing machine, at the price of sixty dollars, payable in one year; and, by the note of hand sent by them to him, for the consideration, and in suit in this action, that it was to be…
2Cited by6 opinions
- O. A. Olin Co. v. LambachIdaho Supreme Court · 1922
- Clark v. Shannon & Mott Co.Supreme Court of Iowa · 1902
- Williams v. GraySupreme Court of Missouri · 1866
- Avnet, Inc. v. Department of RevenueWashington Supreme Court · 2016
- Fergus County Hardware Co. v. CrowleyMontana Supreme Court · 1920
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