Colburn v. Averill
Supreme Judicial Court of Maine
Assumpsit upon a note of the following tenbr : — “ $700. Orono, Dec. 4. 1837. “ Value received, we jointly and severally promise to pay William and Jeremiah Colburn, or order, seven hundred dollars in June next, with interest. “ Hervey Kimball, “ William Averill.” The name of the defendant was in blank upon the back of the note.
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Assumpsit upon a note of the following tenbr : — “ $700. Orono, Dec. 4. 1837. “ Value received, we jointly and severally promise to pay William and Jeremiah Colburn, or order, seven hundred dollars in June next, with interest. “ Hervey Kimball, “ William Averill.” The name of the defendant was in blank upon the back of the note. Several payments made in 1841, were indorsed upon the note, some in the handwriting of said Kimball and some in the handwriting of said William Averill. The writ is dated December 9, 1846. The statute of limitations was relied upon in the defence. The Judge presiding,…
1Opinion of the CourtHoward, J.
The plaintiffs, as payees, sued the defendant as promisor of a note, upon the back of which his name appears in blank. The principal question presented by the report, is, whether he can be regarded as an original promisor.
It has been familiar law in this State, before and since the separation from Massachusetts, that, when a person, as in this case, not the payee of a promissory note, writes his name upon the back of it, at its inception, in blank, he is to be regarded as a surety and an original promisor; although no case embracing the doctrine, in terms, appears in our reports.
While…
2Cases cited3 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Hunt v. AdamsMassachusetts Supreme Judicial Court · 1809
- Pinkerton v. BaileyNew York Supreme Court · 1832
3Cited by10 opinions
- Good v. MartinSupreme Court of the United States · 1877
- Welty v. StateIndiana Supreme Court · 1912
- Schreiner v. City Nat. Bank of McAlesterSupreme Court of Oklahoma · 1919
- Kisler v. SandersIndiana Supreme Court · 1872
- Bradford v. PrescottSupreme Judicial Court of Maine · 1893
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