Legal Opinion

Bunker v. Barron

Supreme Judicial Court of Maine

Decided February 3, 1887PublishedCited by 7 opinions

On report. Writ of entry. The facts are stated in the opinion. The note of February 1, 1875, was payment of all demands Paine held against William Quint and of all other indebtedness to Paine from either of the Quints, because it is negotiable and therefore presumed to be in payment of what it was given for. 2 Parsons on Notes and Bills, 150, note a. Parsons on Contracts, 8th ed. vol. 2, p. 776. This is the law in Massachusetts, Maine and Vermont.

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On report. Writ of entry. The facts are stated in the opinion. The note of February 1, 1875, was payment of all demands Paine held against William Quint and of all other indebtedness to Paine from either of the Quints, because it is negotiable and therefore presumed to be in payment of what it was given for. 2 Parsons on Notes and Bills, 150, note a. Parsons on Contracts, 8th ed. vol. 2, p. 776. This is the law in Massachusetts, Maine and Vermont. C. J. Appleton says on page 165, Maine Rep. Vol. 56, "By the law of Massachusetts and of Maine, the giving a negotiable note or draft is to be…

1Opinion of the CourtFoster, J.

The plaintiff claims the premises in question under a mortgage to him from William Quint, dated September 12th, 1874. While the tenant in possession does not claim to own the premises, or any part thereof, his defence is based on a *65title, earlier in point of time, in William Barron, his father, whose agent or servant he is in the occupation and possession of the premises. That title originated in this way. On January 7, 1868, William and Draxcy Quint, and Mary Quint, their mother, conveyed by warranty deed to John S. Paine, who on the same day and as part of the same transaction, gave back a…

2Cases cited8 opinions

  1. Maddox v. Graham & KnoxCourt of Appeals of Kentucky · 1859
  2. Spilman v. Thomasson's LesseeTennessee Supreme Court · 1850
  3. Lovell v. WilliamsMassachusetts Supreme Judicial Court · 1878
  4. Parham Sewing Machine Co. v. BrockMassachusetts Supreme Judicial Court · 1873
  5. Dana v. BinneySupreme Court of Vermont · 1835

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3Cited by7 opinions

  1. Scott v. EdgarIndiana Supreme Court · 1902
  2. Beach v. HuntsmanIndiana Court of Appeals · 1908
  3. St. Agatha Federal Credit Union v. OuelletteSupreme Judicial Court of Maine · 1998
  4. State ex rel. J. B. Speed & Co. v. TraylorIndiana Court of Appeals · 1921
  5. Leavitt v. Youngstown Pressed Steel Co.Supreme Judicial Court of Maine · 1933

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