Forsyth v. Day
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Appleton, J., presiding. This was an action of Assumpsit upon a promissory note, purporting to be signed by the defendants. A. J. Pay was defaulted. Daniel Day pleaded the general issue, and made affidavit denying his signature to the note in suit. The facts will be found fully stated in the opinion of the Court.
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On Exceptions from Nisi Prius, Appleton, J., presiding. This was an action of Assumpsit upon a promissory note, purporting to be signed by the defendants. A. J. Pay was defaulted. Daniel Day pleaded the general issue, and made affidavit denying his signature to the note in suit. The facts will be found fully stated in the opinion of the Court. The counsel for the defendants requested the Court to instruct the jury:— 1. That the defendant is not liable on the note in suit, unless he either signed it or authorized some one else to sign it for him. 2. That there is no evidence in this case…
1Opinion of the CourtRice, J.
Assumpsit on a promissory note dated Oct. 16, 1854, for $270. Adoniram J. Day has submitted to a default. Daniel contests, on the ground that the name upon said note, purporting to be his, is not his genuine signature. The plaintiff received the note of Adoniram, for property *389sold and delivered to Mm. There is no direct evidence showing that Daniel signed the note, or authorized Adoniram to place his name upon it. But the plaintiff contends that Daniel either authorized Adoniram to affix his name to the note originally, or has since adopted or ratified the act.
To sustain this proposition, the…
2Cases cited3 opinions
- Pentz v. StantonNew York Supreme Court · 1833
- St. John v. RedmondSupreme Court of Alabama · 1839
- Weed v. CarpenterNew York Supreme Court · 1830
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- Deakin v. UnderwoodSupreme Court of Minnesota · 1887
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