Heath v. Jaquith
Supreme Judicial Court of Maine
ON EXCEPTIONS. Assumpsit on this note, made December 4, and dated back: “ $398.50. Clinton, Oct. the 1, 1874. One year after date, I promise to pay to the order of C. B. Mahan, agent, three hundred ninety-eight 50-100 dollars, at the People’s National Bank, Waterville, Me. Yalue received. (Signed) El'viu Jaquith.” The following was executed at the same time : “ Office of the Granite Agricultural Works. Proprietors of the Granite Mower and Reaper.
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ON EXCEPTIONS. Assumpsit on this note, made December 4, and dated back: “ $398.50. Clinton, Oct. the 1, 1874. One year after date, I promise to pay to the order of C. B. Mahan, agent, three hundred ninety-eight 50-100 dollars, at the People’s National Bank, Waterville, Me. Yalue received. (Signed) El'viu Jaquith.” The following was executed at the same time : “ Office of the Granite Agricultural Works. Proprietors of the Granite Mower and Reaper. Manufacturers and dealers in agricultural implements, iron and wood-working machinery. Lebanon, N. EL, Dec. 11, 1874. Elvin Jaquith, of Clinton,…
1Opinion of the Court
Ltbbey, J .
This is an action on a promissory note for $398.50, dated October 1, 1874, signed by the defendant, payable to the order of 0. ,B. Mahan, agent, in one year from date, and indorsed by Malian.
I. Exception is taken to the ruling of the presiding judge, excluding evidence of the declarations of Coburn Ireland, the agent of the Granite Agricultural Works, who made the contract with the defendant and took the note in suit, made some time after the sale of the note to Heath, the plaintiff’s testator, that he had not sold the note, but had left it with Heath for collection. Ireland was…
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