Goodwin v. Appleton
Supreme Judicial Court of Maine
Assumpsit against Appleton as indorser of a promissory jiote, dated Feb. 6, 1836, for $3750, and payable in one year with interest to Selden Huntington, or order, signed by Henry A. Breed of Lynn in Massachusetts, and indorsed by Huntington and by the defendant.
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Assumpsit against Appleton as indorser of a promissory jiote, dated Feb. 6, 1836, for $3750, and payable in one year with interest to Selden Huntington, or order, signed by Henry A. Breed of Lynn in Massachusetts, and indorsed by Huntington and by the defendant. With the general issue, there was a brief statement, signed and sworn to by the defendant, setting forth specially certain facts, and averring that he had sold and indorsed the note, and that the plaintiff took $467, as usury on the indorsement and sale of the note to him. The demand was made on Feb. 9, 1837, and the notice given on…
1Opinion of the Court
The opinion of the Court was afterwards drawn up by
Tenney J.
We are satisfied, that in Massachusetts where the note in suit was given, three days of grace was allowed upon all negotiable paper from the year 1824, when the statute, *458chap. 130, on that subject was enacted. But it is insisted for the defendant, that there was no competent evidence of this introduced at the trial. In the margin of chap. 33, <§> 5, of the Revised Statutes of that Commonwealth, which was introduced as evidence, the statute of 1824, chap. 130, is referred to, and in the act to repeal the acts, which had been revised,…
2Cited by7 opinions
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- State ex rel. Town of White Oak Springs v. ClementsonWisconsin Supreme Court · 1887
- State v. NeronSupreme Judicial Court of Maine · 1986
- Rogan v. MullinsAppellate Division of the Supreme Court of the State of New York · 1897
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