Bank of Cumberland v. Bugbee
Supreme Judicial Court of Maine
This was an action of debt on bond, given by Ira D. Bug-bee & als. to the plaintiffs, as security for the faithful performance of the duties of cashier of the Bank of Cumberland by said Bugbee, during his continuance in that office.
Read the full summary
This was an action of debt on bond, given by Ira D. Bug-bee & als. to the plaintiffs, as security for the faithful performance of the duties of cashier of the Bank of Cumberland by said Bugbee, during his continuance in that office. The defendants pleaded non esl faclum, which was joined by the plaintiffs and a brief statement alleging a performance by said Bugbee of all and singular the things which he was required to do by the condition of said bond, and a counter statement by the plaintiffs setting forth the breaches upon which they relied. The signatures of the several defendants were not…
1Opinion of the Court
The opinion of the Court was by
Weston C. J.
Under the plea of non est factum, the plaintiffs were called upon to prove the execution of the bond, on which they declare. They adduced the usual proof, arising from the testimony of such of the subscribing witnesses as were within the jurisdiction of the court, and from evidence of the handwriting of such as were not, and of the handwriting of the defendants, whose signatures they attested. And it is conceded, that the bond has the genuine signatures of all the defendants. The objection to the execution of the bond, is based upon the fact, that it…
2Cases cited1 opinion
- Pequawkett Bridge v. MathesSuperior Court of New Hampshire · 1834
3Cited by2 opinions
- New Orleans, St. Louis & Chicago Railroad v. BurkeMississippi Supreme Court · 1876
- Building Ass'n v. CummingsOhio Supreme Court · 1888