Joy v. Phillips
Supreme Judicial Court of Maine
This was an action upon a note of hand, given under these circumstances. Defendant was committed to the county jail for non-payment of a fine and costs to which he was sentenced by the District Court. After lying in jail thirty days, he. was liberated from imprisonment by the sheriff, upon giving the note in suit for the amount of said fine and costs. The defendant neither made nor signed any schedule of any property by him owned ; nor did he take or sign any oath whatever.
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This was an action upon a note of hand, given under these circumstances. Defendant was committed to the county jail for non-payment of a fine and costs to which he was sentenced by the District Court. After lying in jail thirty days, he. was liberated from imprisonment by the sheriff, upon giving the note in suit for the amount of said fine and costs. The defendant neither made nor signed any schedule of any property by him owned ; nor did he take or sign any oath whatever. Upon these facts, it was agreed that the Court might order a nonsuit, or default. 1. The note is void at common law for…
1Opinion of the CourtShepley, J.
The defendant was sentenced by the District Court, at its October session, during the year 1839, to pay a fine and costs of prosecution, and to be committed until that sentence was performed. Having been committed, he remained in prison for thirty days and his note for the amount of the fine and costs was taken, payable to the county treasurer, and he was liberated by the sheriff. This action was commenced upon that note.
The first ground of defence presented is, that between these parties there was no consideration for the note.
The defendant by the judgment of the Court, became indebted to…
2Cases cited1 opinion
- Branch Bank at Montgomery v. CrocheronSupreme Court of Alabama · 1843
3Cited by1 opinion
- Cummings v. City of HuntsvilleSupreme Court of Alabama · 1926