Moore v. Fall
Supreme Judicial Court of Maine
Exceptions from Nisi Prim, Siiepley, C. J., presiding. This was an action on a note, dated March 21, 1850, for $200, on demand and interest; said note purported to be signed by T. M. Hobson and said Fall, as surety, payable to Luther S. Moore, and by him, before, or about the time of the suing out of the writ, indorsed to the plaintiff. After the commencement of the suit, and before the trial, there was proof tending to show, that said note was burned or lost.
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Exceptions from Nisi Prim, Siiepley, C. J., presiding. This was an action on a note, dated March 21, 1850, for $200, on demand and interest; said note purported to be signed by T. M. Hobson and said Fall, as surety, payable to Luther S. Moore, and by him, before, or about the time of the suing out of the writ, indorsed to the plaintiff. After the commencement of the suit, and before the trial, there was proof tending to show, that said note was burned or lost. After the evidence for the plaintiff was in, and before the defendant opened, a motion was made by defendant’s counsel for a nonsuit,…
1Opinion of the CourtAppleton, J.
This is an action brought by the indorsee upon an indorsed note, which there was proof tending to *455show had been destroyed by fire since the commencement of the suit.
After the evidence for the plaintiff had been introduced, the counsel for the defendant moved a nonsuit, on the ground that an action at law could not be sustained on proof either of the loss or destruction of the note, which motion was overruled.
The law is well settled, that a recovery may be had on a lost note which is not negotiable, or which, being negotiable, has not been negotiated, or which, being negotiated, has been…
2Cases cited4 opinions
- Fintard v. TackingtonNew York Supreme Court · 1813
- Rowley v. BallNew York Supreme Court · 1824
- Swift v. StevensSupreme Court of Connecticut · 1832
- Viles & Atkins v. MoultonSupreme Court of Vermont · 1839
3Cited by5 opinions
- Wuerth v. FrohlichMichigan Supreme Court · 1930
- Adams v. BakerSupreme Court of Rhode Island · 1887
- Brown v. BraymerHawaii Supreme Court · 1905
- Hoil v. RathboneMichigan Supreme Court · 1891
- Lehman Manufacturing Co. v. JewettIndiana Court of Appeals · 1929