Kierstead v. Bennett
Supreme Judicial Court of Maine
Agreed Statement oe Facts. “It is agreed tbat on August 26, 1895, the plaintiff delivered to defendant three hundred and fifty dollars and received the note declared on in his writ; that the money was used by the defendant to pay for the pay-roll work on the Danforth Trotting Park, and that the record title to the land on which the park is situated is in the defendant, D. C. Parker and William J. Kingston, and that so much of the records of the Danforth Trotting Park…
Read the full summary
Agreed Statement oe Facts. “It is agreed tbat on August 26, 1895, the plaintiff delivered to defendant three hundred and fifty dollars and received the note declared on in his writ; that the money was used by the defendant to pay for the pay-roll work on the Danforth Trotting Park, and that the record title to the land on which the park is situated is in the defendant, D. C. Parker and William J. Kingston, and that so much of the records of the Danforth Trotting Park Association, and of the directors thereof and of the records of the Dan-forth Trotting Park Company, as either party may…
1Opinion of the CourtSavage, J.
Assumpsit upon a promissory note of the following tenor:—
“Danforth, Maine, August 26, 1895.
$350.
Thirty days after date, I, in my official capacity, as Treasurer of the Danforth Trotting Park Association, promise to pay Oliver Kierstead, or order, three hundred and fifty dollars, with interest, value received.
Horace A. Bennett, Treas.”
The defendant pleaded the general issue. The plaintiff claims that this note is to be construed as the personal, individual obligation of the defendant, Horace A. Bennett, who signed it. The defendant, on the other hand, contends that the note, on its face, is…
2Cited by5 opinions
- Medlin v. Ebenezer Methodist ChurchSupreme Court of South Carolina · 1925
- Detroit Light Guard Band v. First Michigan Independent InfantryMichigan Supreme Court · 1903
- Clements v. MillerNorth Dakota Supreme Court · 1904
- Hardy v. CarterCourt of Appeals of Texas · 1914
- Hardy v. CarterCourt of Appeals of Texas · 1914