Legal Opinion

Deering v. Chapman

Supreme Judicial Court of Maine

Decided April 15, 1843PublishedCited by 8 opinions

This action was assumpsit on a note given by Isaac Chapman and the defendant to the plaintiff, January 5, 1839, for $39,44. The facts were agreed, from which it appears, that the plaintiff had an account against Isaac Chapman, amounting to $51,44, the first item being under date of Nov. 28, 1838, and the .last Jan. 2, 1839. There were credits of cash, Nov. 30, 1838, $5,00; Dec. 3, $5,00; and Dec. 19, $2,00. The note was given on the day of its date for the balance.

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This action was assumpsit on a note given by Isaac Chapman and the defendant to the plaintiff, January 5, 1839, for $39,44. The facts were agreed, from which it appears, that the plaintiff had an account against Isaac Chapman, amounting to $51,44, the first item being under date of Nov. 28, 1838, and the .last Jan. 2, 1839. There were credits of cash, Nov. 30, 1838, $5,00; Dec. 3, $5,00; and Dec. 19, $2,00. The note was given on the day of its date for the balance. A part of the charges in this account, amounting to $27,66, was for spirituous liquors sold in the town of Saco by the plaintiff…

1Opinion of the Court

The opinion of the Court was drawn up by

Whitman C. J.

— The note declared on was signed by the defendant as surety, it would seem, with Isaac Chapman, who must have been the principal debtor. Payment is resisted upon the ground, that a part of the consideration for the note was ardent spirits, sold by the plaintiffj a retailer, without license therefor, to said Isaac in violation of the statute, which prohibits such selling in less quantities than twenty-eight gallons at one time. The authorities cited by the defendant’s counsel are numerous, and fully establish the general principle, that all…

2Cited by8 opinions

  1. Wadsworth v. DunnamSupreme Court of Alabama · 1897
  2. Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
  3. Western Union Telegraph Co. v. Burlington & Southwestern Ry. Co.United States District Court · 1882
  4. Niagara Falls Brewing Co. v. WallMichigan Supreme Court · 1893
  5. Lingle v. SnyderCourt of Appeals for the Eighth Circuit · 1908

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