Wentworth v. Weymouth
Supreme Judicial Court of Maine
Assumpsit on a promissory note for forty-five dollars, given by the defendant to the plaintiff, dated March 10th, 1832, and payable in January then next. The note was not negotiable, and the suit was brought for the benefit of Francis Hill.
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Assumpsit on a promissory note for forty-five dollars, given by the defendant to the plaintiff, dated March 10th, 1832, and payable in January then next. The note was not negotiable, and the suit was brought for the benefit of Francis Hill. The defendant had tendered and brought into Court, $33,25, insisting that no more was due. — The ease was submitted for the opinion of the Court upon the following agreed statement of facts, piz: —> In September, 1832, Weymouth was summoned as trustee of Wentworth in a process of foreign attachment, triable before a Justice of the Peace, and on the 20th of…
1Opinion of the Court
Mellen C. J.
On the 10th of March, 1832, Weymouth gave his promissory note to the plaintiff for $45,00, payable in January, 1833. The note was not negotiable. In September, 1832, Weymouth was summoned as trustee of Wentworth, and on his disclosure he was adjudged trustee, and has paid the plaintiff in the trustee process, on execution of $20,85 cents, and has tendered to the present plaintiff the. balance of the note and costs, being $33,25 cents, which sum has been brought into Court. No question has been made respecting the tender. The only inquiry is, whether the disclosure made by the…
2Cases cited1 opinion
- Andrews v. HerringMassachusetts Supreme Judicial Court · 1809