Odiorne v. Maxcy
Massachusetts Supreme Judicial Court
This was an action of assumpsit, founded on two promissory notes, which were made and endorsed in the following manner. The first note was the promise of one Perley Rice to pay to the Neponset Cotton Factory Company 606 dollars 55 cents, in ninety days from the 10th of January, 1814, with grace. This note was endorsed thus: “ For value received, pay the contents of the within note to George Odiorne. For the Neponset Cotton Factory Company,, Levi Maxcy, agent.”
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This was an action of assumpsit, founded on two promissory notes, which were made and endorsed in the following manner. The first note was the promise of one Perley Rice to pay to the Neponset Cotton Factory Company 606 dollars 55 cents, in ninety days from the 10th of January, 1814, with grace. This note was endorsed thus: “ For value received, pay the contents of the within note to George Odiorne. For the Neponset Cotton Factory Company,, Levi Maxcy, agent.” The second note was the promise of the said Rice to pay to the order of Levi Maxcy, agent for the Neponset Cotton Factory Company, 514…
1Opinion of the CourtParker, C. J.
The facts reported in this case are substantially the same as those which appeared on the former trial. The verdict returned on that trial was set aside, because the judge instructed the jury that, as Levi Maxcy was the agent of those who transacted business under the name of the Neponset Cotton Factory Company, they might presume his authority extended to the act by which the company are attempted to be charged in the present action, (a) * At the last trial the jury were differently instructed. They were told that, if the evidence satisfied them that Virgil Maxcy, one of the defendants and…
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