Legal Opinion

Bell v. Packard

Supreme Judicial Court of Maine

Decided January 26, 1879PublishedCited by 24 opinions

On report. Writ dated July 3, 1877. Assumpsit on a note of which the following is a copy : $495.74. Skowbegan, March 12, 1873. Por value received we jointly and severally promise to pay James Bell, ex’r, or order, four hundred and ninety-five dollars and seventy-four cents, in one year, with interest. (Signed) Alvin Packard. H. A. Packard.

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On report. Writ dated July 3, 1877. Assumpsit on a note of which the following is a copy : $495.74. Skowbegan, March 12, 1873. Por value received we jointly and severally promise to pay James Bell, ex’r, or order, four hundred and ninety-five dollars and seventy-four cents, in one year, with interest. (Signed) Alvin Packard. H. A. Packard. It is agreed that at the time of the signing of the note in suit, the defendant was a married woman, having separate estate and property, and living with her husband, Alvin Packard, the other maker of the note, in Cambridge, Mass., and the note was made…

1Opinion of the CourtYirghn, J.

On or before March 12, 1873, the plaintiff, a resident of Skowhegan, holding an overdue note against the defendant’s husband, then a resident of Cambridge, Mass., wrote the note in suit and inclosed-it in a letter addressed and mailed to the latter in Cambridge, therein agreeing. to surrender the old note upon the delivery of the new one signed by him with a good surety. Accordingly the new note was signed by the defendant’s husband and herself and mailed to and received by the plaintiff at Skowhegan; who, thereupon, inclosed the old note to Packard at Cambridge.

The case also finds that, when…

2Cited by24 opinions

  1. Pritchard v. NortonSupreme Court of the United States · 1882
  2. Moran v. MoranSupreme Court of Iowa · 1909
  3. International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
  4. Walling v. Christian & Craft Grocery Co.Supreme Court of Florida · 1899
  5. Ohio Ex Rel. Superintendent of Banks v. EubankMichigan Supreme Court · 1940

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