Buck v. Swazey
Supreme Judicial Court of Maine
Bill in Equity. Darling was defaulted. Swazey appeared and answered. As to him, the bill, answer and proofs appear to exhibit the following state of things : — On September 12, 1835, one Charles Brown gave three promissory notes to Charles Trafton, secured by a mortgage of real estate. In June, 1836, the notes and mortgage were purchased by these defendants for §1025,50, and were paid for by their joint funds.
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Bill in Equity. Darling was defaulted. Swazey appeared and answered. As to him, the bill, answer and proofs appear to exhibit the following state of things : — On September 12, 1835, one Charles Brown gave three promissory notes to Charles Trafton, secured by a mortgage of real estate. In June, 1836, the notes and mortgage were purchased by these defendants for §1025,50, and were paid for by their joint funds. The notes, however, were indorsed and the mortgage assigned to Darling alone, who at the same time gave to Swazey a written memorandum, (called paper A,) acknowledging him to be equally…
1Opinion of the CourtAppleton, J.
— From the bill, answer and proof, it appears that, on the 12th day of September, 1835, one Charles Brown gave three several notes to Charles Trafton, and a mortgage to secure their payment. On the 27th day of June, 1836, *47the defendants, Henry Darling and James Swazey, purchased these notes, but the notes and mortgage were transferred to Henry Darling though the purchase was made with their joint funds. At the same time Darling gave to his co-defendant, Swazey, the following memorandum.
“ Bucksport, June 27, 1836.
“ Received of Charles Trafton three notes of hand, signed by Charles Brown, and…
2Cases cited2 opinions
- Pattison v. HullCourt Of Oyer And Terminer New York · 1828
- Rogers v. MurrayNew York Court of Chancery · 1831
3Cited by12 opinions
- Rogers v. Penobscot Mining Co.Court of Appeals for the Eighth Circuit · 1907
- Murphy v. ClaytonCalifornia Supreme Court · 1896
- Shaffer v. FettyWest Virginia Supreme Court · 1887
- Culp v. PriceSupreme Court of Iowa · 1899
- Shiro v. DrewDistrict Court, D. Maine · 1959
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