Marrett v. Brackett
Supreme Judicial Court of Maine
On facts agreed in the superior court for this county. Assumpsit on a promissory note given by the defendant to the plaintiffs. Just before Aug. 19, 1871, the plaintiffs, resident in Portland, sent the defendant, residing in Springvale, in the county of York, a statement showing $236.44 due them.
Read the full summary
On facts agreed in the superior court for this county. Assumpsit on a promissory note given by the defendant to the plaintiffs. Just before Aug. 19, 1871, the plaintiffs, resident in Portland, sent the defendant, residing in Springvale, in the county of York, a statement showing $236.44 due them. Thereupon, on Saturday, •Aug. 19,1871, the defendant remitted to O’Brion, Pierce & Co., merchants of Portland (friends of the defendant, but in nowise agents of the plaintiffs), funds to pay the plaintiffs and others. About 4 o’clock on Saturday afternoon, Aug. 19,1871, after banks in Portland were…
1Opinion of the CourtDickerson, J.
Assumpsit on a promissory note and account. The defendant claims that the note was paid by a check, drawn on the First National Bank of Portland, by O’Brion, Pierce & Co., in favor of, and received by the plaintiffs. Previous to the delivery of the check, the defendant remitted the amount due the plaintiffs to O’Brion, Pierce & Co., for the purpose of paying the plaintiffs’ claim. O’Brion, Pierce & Co. were friends of the defendant, but were not agents of the plaintiffs.
The case calls for an adjudication upon the legal effect of taking a check for a previous debt, and also of a usage of the…
2Cases cited3 opinions
- Olcott v. RathboneNew York Supreme Court · 1830
- Bradford v. . FoxNew York Court of Appeals · 1868
- Kelty v. Second National BankNew York Supreme Court · 1868
3Cited by2 opinions
- Fischer v. First National BankIdaho Supreme Court · 1935
- Bantz v. BasnettWest Virginia Supreme Court · 1877