Hutchinson v. Eddy
Supreme Judicial Court of Maine
Agreed statement of facts in the District Court, Aleen J. Judgment was there rendered for plaintiff. Defendant appealed. The principal defendant was summoned as trustee of Hutch inson, and defaulted, and the judgment paid and satisfied. The defendants offered to be defaulted for all but the amount paid as trustee. Where there is a joint debt, either debtor may pay, and here is payment by one; and it is immaterial how received, as the plaintiff has received so much.
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Agreed statement of facts in the District Court, Aleen J. Judgment was there rendered for plaintiff. Defendant appealed. The principal defendant was summoned as trustee of Hutch inson, and defaulted, and the judgment paid and satisfied. The defendants offered to be defaulted for all but the amount paid as trustee. Where there is a joint debt, either debtor may pay, and here is payment by one; and it is immaterial how received, as the plaintiff has received so much. If Eddy’s indebtedness as trustee was on account of any other debt due Hutchinson, the plaintiff could show it; but the…
1Opinion of the Court
Shefley J.
The suit is upon a promissory note not negotiable, made by the defendants on July 13, 1835, for the sum of 0100, payable to the plaintiff in July then next with inter*92est. On February 13, 1836, the plaintiff made a written assignment of it on the back of the note to Isaac Shurtleff; but there does not appear to have been any notice thereof given to the defendants ; and they may avail themselves of any de-fence which would be good, if no such assignment had been made.
The defendants offered to be defaulted for the sum of $65, and contended that they had paid the residue. To prove…
2Cases cited2 opinions
- Parker v. DanforthMassachusetts Supreme Judicial Court · 1820
- Jewett v. BaconMassachusetts Supreme Judicial Court · 1809
3Cited by1 opinion
- Brown v. StogsdaleSupreme Court of Oklahoma · 1913