Flint v. Rogers
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas. Assumpsit on a draft, accepted by Cram, Button & Co. of Bangor, and drawn and indorsed by the defendant, residing at Orono, dated Oct. 15, 1835, and payable at the Kenduskeag Bank at Bangor, in sixty days from date. The writ was dated Dec. 17, 1835, handed to an officer at 6 o’clock, P. M., and served the same evening.
Read the full summary
Exceptions from the Court of Common Pleas. Assumpsit on a draft, accepted by Cram, Button & Co. of Bangor, and drawn and indorsed by the defendant, residing at Orono, dated Oct. 15, 1835, and payable at the Kenduskeag Bank at Bangor, in sixty days from date. The writ was dated Dec. 17, 1835, handed to an officer at 6 o’clock, P. M., and served the same evening. The plaintiff, proved by Bice, a notary public, that the draft was handed to him by the cashier of the Mercantile Bank in the afternoon of the 17th of December, after regular banking hours, and that he immediately called at the…
1Opinion of the Court
The case was continued for advisement, and the opinion of the Court was subsequently drawn up by
WtostoN C. J.
The direction given by the plaintiff to Dodd, the cashier of Kenduskeag bank, that all the necessary steps should be taken, to charge the parties to the draft, was quite immaterial. If proved to have been taken in behalf of the plaintiff, the defendant would be Iiolden, if there had been no such direction to him ; and if not taken, the direction would not help the case. The testimony being immaterial, its admission is no cause of exception.
On the 17th of December, 1835, being the last…
2Cited by1 opinion
- Thorpe v. J. & J. H. Peck & Co.Supreme Court of Vermont · 1855