Manning v. Brown
Supreme Judicial Court of Maine
Assumpsit, on a promissory note of hand for sixty dollars, dated Sept. 19, 1828, and payable to the plaintiff’s testator Richard Manning, or order, as agent for the heirs of Richard Manning, late of Salem, deceased, in one year and four months. The general issue was pleaded and joined. The defendant, to maintain the issue on his part, produced and read the following articles of agreement, viz.
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Assumpsit, on a promissory note of hand for sixty dollars, dated Sept. 19, 1828, and payable to the plaintiff’s testator Richard Manning, or order, as agent for the heirs of Richard Manning, late of Salem, deceased, in one year and four months. The general issue was pleaded and joined. The defendant, to maintain the issue on his part, produced and read the following articles of agreement, viz. “ Articles of Agreement made and concluded this 19th of “ Sept. 1828, by and between Richard'Manning of Raymond “ in the county of Cumberland, agent to superintend and man- “ age the sale of lands…
1Opinion of the Court
*51The opinion of the Court was delivered by
Parris J.
The defendant gave the plaintiff’s testator three several notes, payable at different periods, each of which had become due at the commencement of this action. The defence rests upon the construction of certain articles of agreement entered into between the parties at the time of giving the notes, and which, the defendant contends, shews a conditional contract, and on his part entirely optional. The notes are particularly described in the articles of agreement, and the whole, having been executed at the same time and constituting the same…
2Cases cited5 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Brashier v. GratzSupreme Court of the United States · 1821
- Hepburn & Dundas v. AuldSupreme Court of the United States · 1809
- Johnson v. ReedMassachusetts Supreme Judicial Court · 1812
- Winter v. LivingstonNew York Supreme Court · 1816
3Cited by6 opinions
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- Dana v. St. Paul Investment Co.Supreme Court of Minnesota · 1889
- Silfvast v. AsplundMontana Supreme Court · 1933
- Lea v. BloklandOregon Supreme Court · 1927
- Huston v. VollenweiderMontana Supreme Court · 1935
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