Myrick v. Hasey
Supreme Judicial Court of Maine
Assumpsit by the plaintiff as indorsee against the defendant as maker of a note, of which a copy follows : — “ $40,00. Bangor, Oct. 7, 1837. For value received of 11. D. Hill, I promise to pay him or order, forty dollars on demand and interest. A. W. IXasey.” There was also a count in the writ, which was dated Aug. 3, 1843, for money had and received.
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Assumpsit by the plaintiff as indorsee against the defendant as maker of a note, of which a copy follows : — “ $40,00. Bangor, Oct. 7, 1837. For value received of 11. D. Hill, I promise to pay him or order, forty dollars on demand and interest. A. W. IXasey.” There was also a count in the writ, which was dated Aug. 3, 1843, for money had and received. On May 13, 1843, Hill, the payee, was indebted to the plaintiff, and the plaintiff’s agent took the note in suit in part payment, Hill expressly agreeing to guaranty the payment of it. The note was received by the agent of the plaintiff with the…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney J.
—The defendant made his note to R. D. Hill or order, on Oct. 7, 1837, on demand and interest. The plaintiff’s agent, on the 13th day of May, 1843, settled a claim of the plaintiff against the payee, and received the note in part payment with the following agreement on the back: — May 13, 1843. “ I hereby guaranty the payment of the within note. R. D. Hill,” At the trial of the action the plaintiff was permitted by the Court, against the objection of the defendant, to alter the indorsement, so that it now reads, “ May 13, 1843. *13Pay the within to…
2Cases cited5 opinions
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