Bourne v. Ward
Supreme Judicial Court of Maine
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
- Bristol v. WarnerSupreme Court of Connecticut · 1848
3Cited by3 opinions
- Shotwell v. First National BankNebraska Supreme Court · 1934
- Baker v. ThomasNebraska Supreme Court · 1918
- Felt v. JuddUtah Supreme Court · 1884