Cushing v. Wyman
Supreme Judicial Court of Maine
Reported by Appleton, J. Assumpsit upon an account annexed for Two horses, $250 Plaintiff’s note, $180,75 $430,75 And interest from March 18, 1852, $120,00 $550,75 Also a count for money had and received.
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Reported by Appleton, J. Assumpsit upon an account annexed for Two horses, $250 Plaintiff’s note, $180,75 $430,75 And interest from March 18, 1852, $120,00 $550,75 Also a count for money had and received. The plaintiff introduced testimony tending to show that on December 2, 1851, one of the defendants called upon the plaintiff and bought the horses, at the sum of $250, for which they turned out a note against Walter Brown & Son and William H. McCrillis, on which a balance of $430,75 was then due, which note, he represented, was the amount due him by them, McCrillis and Browns, and that he…
1Opinion of the CourtAppleton, J.
On the 29th of September, 1851, Messrs. Brown & Son and William H. McCrillis gave Francis Wyman, Jr., one of the defendants, a note of the following tenor:
$530,75. For value received, we promise F. Wyman, Jr., to pay him five hundred and thirty dollars and seventy-five cents, provided the drafts given by T. Cushing, for the logs cut on No. 2, range 9, are paid.
Wm. H. McCrillis.
Sept. 29, 1851. Walter Brown & Son.
On the 2d of December following, the above note was transferred, by the indorsement of the defendants, to the plaintiff, and in consideration therefor they received of him one span of…
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