Gates v. Parker
Supreme Judicial Court of Maine
Reported by Appleton, J. Assumpsit for money had and received, and money paid, and also against the defendant as acceptor of a draft drawn upon him by one McNeil & Y ose., in favor of Charles Day, and endorsed by said Day.
Read the full summary
Reported by Appleton, J. Assumpsit for money had and received, and money paid, and also against the defendant as acceptor of a draft drawn upon him by one McNeil & Y ose., in favor of Charles Day, and endorsed by said Day. The plaintiffs introduced the draft sued, and a letter from 'the defendant to McNeil & Yose, dated October 27, 1854, and also the writ in the case now pending, of Edwin Parker v. W. R. McNeil and al., dated November 6, 1854, with the account annexed to the writ, and the additional account specifying the draft paid, and served on the same day. It was admitted that at the…
1Opinion of the CourtCutting, J.
The defendant is sued as the acceptor of a draft, drawn on him by McNeil & Yose, on November 26, 1851, payable to the order of Charles Day, and by him endorsed to the plaintiff, and if he is legally liable in this action, it can only be by reason of his alleged acceptance.
It seems that the defendant, at the date of the draft, was interested as mortgagee in a bark, then or about to be launched, on which Day had a lien claim for a suit of sails; that the defendant sent Manson, his clerk, with his letter to McNeil & Yose, the builders and mortgagers of the bark, authorizing the former to confer…
2Cited by1 opinion
- Lindley v. First National BankSupreme Court of Iowa · 1889