Cummings v. Little
Supreme Judicial Court of Maine
This case was submitted to the full Court, upon Report of the evidence by Davis, J. The facts sufficiently appear in the opinion of the Court. The defendants were joint and several promisors upon three promissory notes, payable to Wendall P. Smith or order. Smith also held a mortgage from one of the defendants, of whom he had the notes, of personal property of less value than the amount of the notes.
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This case was submitted to the full Court, upon Report of the evidence by Davis, J. The facts sufficiently appear in the opinion of the Court. The defendants were joint and several promisors upon three promissory notes, payable to Wendall P. Smith or order. Smith also held a mortgage from one of the defendants, of whom he had the notes, of personal property of less value than the amount of the notes. Afterwards, without consulting the other defendants, who were in fact sureties on the notes, though not signing as such, he discharged the mortgage. At a still later period, the notes having been…
1Opinion of the Court
The opinion of the Court was drawn up by
Davis, J.
This is an action upon three promissory notes, of the following tenor:—
“Portland, Peb. 14, 1851.
“Por value received, we, jointly and severally, promise to pay Wendell P. Smith, or order, $126,35 in one year from date. “C. P. Little,
“E. P. Little,
“Alexander Foss.”
The notes differ only in the time of payment. And C. P. Little gave to Smith a mortgage of personal property, valued at $414, of the same date of the notes, to secure the payment thereof. These notes remained in Smith’s hands until they were overdue. While he held the notes in suit, he…
2Cases cited3 opinions
- Griffith v. ReedNew York Supreme Court · 1839
- Neff's AppealSupreme Court of Pennsylvania · 1845
- Crouch v. EvelethMassachusetts Supreme Judicial Court · 1815
3Cited by12 opinions
- People ex rel. Doran v. ButlerMichigan Supreme Court · 1889
- Compton v. SmithSupreme Court of Alabama · 1897
- Wilhoit v. SeavallSupreme Court of Kansas · 1926
- Smith v. FreylerMontana Supreme Court · 1882
- McKean v. Enburg Et Ux.Supreme Court of Pennsylvania · 1936
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