Legal Opinion

Porter v. Porter

Supreme Judicial Court of Maine

Decided July 1, 1862PublishedCited by 6 opinions

Exceptions from the ruling at Nisi Prius of Appleton, J. This was an action of assumpsit on a note, or written, contract, signed by the defendant, of which the following is a copy :— "November 9th, 1841. "8733,33. For value received of Ezekiel Porter, I promise to pay him or his order seven hundred and thirty-three dollars and thirty-three cents without interest to be allowed on settlement, no interest to be reckoned.

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Exceptions from the ruling at Nisi Prius of Appleton, J. This was an action of assumpsit on a note, or written, contract, signed by the defendant, of which the following is a copy :— "November 9th, 1841. "8733,33. For value received of Ezekiel Porter, I promise to pay him or his order seven hundred and thirty-three dollars and thirty-three cents without interest to be allowed on settlement, no interest to be reckoned. " Strong, November ninth, one thousand eight hundred and forty one.” It was proved by the plaintiff, subject to objection, that the instrument declared on was actually made and…

1Opinion of the Court

*378The opinion of the Court was drawn up by

Rice, J.

The case is assumpsit on the following instrument:— "November 9, 1841.

"$733,33. For value received of Ezekiel Porter, I promise to pay him or his order seven hundred and thirty-three dollars and thirty-three cents without interest to be allowed on settlement, no interest to be reckoned.
"Strong, November' ninth, one thousand eight hundred and forty-one. " J. W. Porter.” .

The controverted propositions are whether this instrument is a valid promissory note, or whether it is so ambiguous in its language, or was given under such circumstances as will…

2Cases cited2 opinions

  1. Hunt v. AdamsMassachusetts Supreme Judicial Court · 1811
  2. Mott v. MottSupreme Court of Vermont · 1833

3Cited by6 opinions

  1. Kragnes v. KragnesSupreme Court of Minnesota · 1914
  2. Dempster v. RawnsleyCalifornia Court of Appeal · 1949
  3. Olney v. BrownMichigan Supreme Court · 1910
  4. Bast v. SprollWisconsin Supreme Court · 1922
  5. Kuhn v. SimmonsSupreme Judicial Court of Maine · 1927

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