Legal Opinion

Leonard v. Wildes

Supreme Judicial Court of Maine

Decided July 1, 1853PublishedCited by 5 opinions

On Exceptions from Nisi Prius, Rice, J., presiding. Assumpsit, on a promissory note of the following tenor: — “ Gardiner, July 14, 1849. “ For value received, I promise to pay Clays & Dinsmore or order seven hundred and twenty-five dollars' and sixty-seven cents, in four months. “ John Kelley, 2d.”

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On Exceptions from Nisi Prius, Rice, J., presiding. Assumpsit, on a promissory note of the following tenor: — “ Gardiner, July 14, 1849. “ For value received, I promise to pay Clays & Dinsmore or order seven hundred and twenty-five dollars' and sixty-seven cents, in four months. “ John Kelley, 2d.” On the back of the note was this indorsement, “ Responsible without demand or notice, Clays & Dinsmore,” and above this was the name of “ William Wildes,” the defendant; also indorsed ■“ May 10, 1852, — Received one hundred and twenty-six dollars and eighty-two cents.” The writ contained two…

1Opinion of the Court

Shepley, C. J. —

The case is presented on exceptions and on report of the testimony. According to the testimony of Dinsmore, a member of the firm, to which the note ’was made payable, the defendant indorsed his name on the back of the note, within four or five days after it was made by Kelley, in accordance with an engagement to do so, before it was made, and before the note had been negotiated by the payees; who could not be required to indorse it, to avail themselves of his *269contract, and as he could not be liable to them as an indorser, he must be regarded as a maker. Irish v. Cutler, 31…

2Cases cited1 opinion

  1. Dean v. WilliamsMassachusetts Supreme Judicial Court · 1821

3Cited by5 opinions

  1. Good v. MartinSupreme Court of the United States · 1877
  2. Deahy v. ChoquetSupreme Court of Rhode Island · 1907
  3. Pauly v. MurrayCalifornia Supreme Court · 1895
  4. Downey v. O'KeefeSupreme Court of Rhode Island · 1905
  5. Massey v. TurnerSupreme Court of Delaware · 1859

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