Legal Opinion

Bourne v. Ward

Supreme Judicial Court of Maine

Decided July 1, 1863PublishedCited by 3 opinions

Exceptions from the ruling of Walton, J., at list Prius. Assumpsit upon a contract in writing.

1Opinion of the Court

The opinion of the Court was drawn up by

Walton, J.

-This is an action on a promissory note, and conics before the Court on exceptions to the ruling of the presiding Judge in directing a nonsuit.. The defence is want or failure of consideration. The nonsuit was directed upon the ground that the plaintiff had failed to prove a consideration.' The plaintiff contends that the riding was wrong in holding that he was required to prove a consideration. He contends that, in actions on promissory notes, a consideration is presumed and need not not be proved. Negotiable notes, when they have passed into…

2Cases cited1 opinion

  1. Bristol v. WarnerSupreme Court of Connecticut · 1848

3Cited by3 opinions

  1. Shotwell v. First National BankNebraska Supreme Court · 1934
  2. Baker v. ThomasNebraska Supreme Court · 1918
  3. Felt v. JuddUtah Supreme Court · 1884

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