Parker v. Tuttle
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Hathaway, J., presiding. This action was upon a promissory note given to one Strickland, and by him indorsed.
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On Exceptions from Nisi Prius, Hathaway, J., presiding. This action was upon a promissory note given to one Strickland, and by him indorsed. There was evidence tending to show that Strickland was not present when the note was given, and tending to prove that plaintiff took the note in Smithfield, and that he said at the time, that he had seen the books of the said Strickland, and that the bill receipted was all right, and that the bills of items were not present at the time when the note and receipt were given. Instructions were given touching the actual knowledge of plaintiff, and also…
1Opinion of the CourtTenney, C. J.
Evidence was introduced tending to show that the name of the payee was not indorsed by him on the *351note on the day of its date. The jury were instructed, that, as the indorsement was thereon at the time of the trial, the presumption was, in the absence .of proof to the contrary, it was made before the institution of the suit, if they were satisfied that it was not made on the day of its date.
A note purporting to have the indorsement of the name 'of the payee, with no indication of any time when it was made, independent of the date of the note, is presumed to have been indorsed on that day,…
2Cited by2 opinions
- Murto v. LemonColorado Court of Appeals · 1904
- Murto v. LemonColorado Court of Appeals · 1904