Lewis v. Hodgdon
Supreme Judicial Court of Maine
Exceptions from the District Court, for the Middle District, Redington J. presiding. Assumpsit on a promissory note, payable to Lewis, or order, signed by the defendant, for $50, dated December 31, 1827, and attested by Arthur Plummer. The name of Lewis was indorsed by him on the back.of the note, which was claimed by G. Evans, Esq. as his property. With the general issue, the defendant pleaded the statute of limitations by brief statement.
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Exceptions from the District Court, for the Middle District, Redington J. presiding. Assumpsit on a promissory note, payable to Lewis, or order, signed by the defendant, for $50, dated December 31, 1827, and attested by Arthur Plummer. The name of Lewis was indorsed by him on the back.of the note, which was claimed by G. Evans, Esq. as his property. With the general issue, the defendant pleaded the statute of limitations by brief statement. The Judge ruled, that as the note had been indorsed to Mr. Evans, the suit should have been brought in his name, and that a nonsuit must be entered. Mr.…
1Opinion of the Court
The opinion of the Court was by
Shepley J.
-This Court has decided that one party to a negotiable note may upon request of another party to it maintain an action for his benefit. Bragg v. Greenleaf, 14 Maine R. 395. The written consent of the indorsee pending the trial was oquiva*271lent to a ratification of all the previous proceedings in the prosecution of the suit.
The witness, Plummer, having been the depositary of the papers, and having assumed the execution of the trust, was responsible to any one, who should suffer by his violation of it. If through a breach of trust he had been instrumental…
2Cases cited1 opinion
- Homes v. SmythSupreme Judicial Court of Maine · 1839
3Cited by2 opinions
- Welch v. Insurance Co.West Virginia Supreme Court · 1883
- People v. PetmeckyNew York Supreme Court · 1884