Herbert v. Ford
Supreme Judicial Court of Maine
On exceptions fxom a Nisi Prius term of this Court, Wells, J. .In 1839, Dr. Ford, the defendant, and Dr. Clark were practising physicians. The defendant resided at Damariscotta. Dr. Clark lived at Bristol. Some arrangement was made between them, that Clark should give up his practice to the defendant, and remove from Bristol. In consideration of that contract, the defendant gave the note now in suit. The note is unnegotiable, and made payable to the plaintiff.
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On exceptions fxom a Nisi Prius term of this Court, Wells, J. .In 1839, Dr. Ford, the defendant, and Dr. Clark were practising physicians. The defendant resided at Damariscotta. Dr. Clark lived at Bristol. Some arrangement was made between them, that Clark should give up his practice to the defendant, and remove from Bristol. In consideration of that contract, the defendant gave the note now in suit. The note is unnegotiable, and made payable to the plaintiff. Dr. Clark ‘ .accordingly removed to New York, and the defendant removed to Bristol, where he practiced in his profession. , The case…
1Opinion of the CourtWells, J.
— This case has been previously presented to the Court for consideration. 29 Maine, 546. The testimony shows that the consideration of this note was the property of Doct. Clark. It does not appear that the plaintiff paid any thing for it, or that he was in any manner a holder for a valuable consideration. If there was no evidence in the case of its origin, a presumption might arise, that the plaintiff was a holder for value paid by him, but that presumption is entirely repelled by the fact, that the consideration belonged to Clark, who paid for the note whatever of value there was in it. It…
2Cited by6 opinions
- Dehahn v. InnesSupreme Judicial Court of Maine · 1976
- Terrio v. Millinocket Community HospitalSupreme Judicial Court of Maine · 1977
- Levine v. ReynoldsSupreme Judicial Court of Maine · 1947
- Becker v. HolmWisconsin Supreme Court · 1894
- Johnson v. KreuzerSupreme Judicial Court of Maine · 1951
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