Sears v. Wright
Supreme Judicial Court of Maine
Assumpsit on a note of the following tenor: — “Bangor, June 15, 1836. For value received, we promise to pay Silas Sears two hundred and thirty-three dollars and ninety-six cents, from the avails of the logs bought of Martin Mower, when there is a sale made. $233,98. Winslow Wright & Co.” The action was commenced on June 24, 1841. At the trial, before Whitman C. J. Martin Mower, for the plaintiff, testified that he saw the defendant sign the note; that on the same day the…
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Assumpsit on a note of the following tenor: — “Bangor, June 15, 1836. For value received, we promise to pay Silas Sears two hundred and thirty-three dollars and ninety-six cents, from the avails of the logs bought of Martin Mower, when there is a sale made. $233,98. Winslow Wright & Co.” The action was commenced on June 24, 1841. At the trial, before Whitman C. J. Martin Mower, for the plaintiff, testified that he saw the defendant sign the note; that on the same day the defendant had purchased of Martin Mower logs to the amount of $6496,02, which were the logs referred to in said note; that…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
The note in suit was payable, “from the avails of the logs bought of Martin Mower, when there is a sale made.” The logs referred to, were sold to the defendant for $6496,02; and many years had elapsed after the giving of the note, before the suit was commenced. It is contended, that the logs could not be sold; and that, on being manufactured into boards, there was a total loss to the owners; and it was offered to be proved, that it was the understanding of the parties, if such should turn out to be the case, that the note was not to be…
2Cited by22 opinions
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- McGary v. CampbellCourt of Appeals of Texas · 1922
- Earle v. Sunnyside Land Co.California Supreme Court · 1907
- Busby v. Century Gold Mining Co.Utah Supreme Court · 1904
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