Burrill v. Stevens
Supreme Judicial Court of Maine
On exceptions and report. Assumpsit on the following note : — "Embden, Maine, October 1, 1874. One year after date, I promise to pay to the order of C. B. Mahan, agent, four hundred twenty-two dollars, at the first National Bank, Skowhegan, Maine. Value received. David Stevens.”
Read the full summary
On exceptions and report. Assumpsit on the following note : — "Embden, Maine, October 1, 1874. One year after date, I promise to pay to the order of C. B. Mahan, agent, four hundred twenty-two dollars, at the first National Bank, Skowhegan, Maine. Value received. David Stevens.” Plea, general issue, with the following brief statement: "And by way of brief statement under the statute, the defendant further says, that said note was procured by fraud and fraudulent representations and that no consideration was ever received for the same, and that the considerations promised utterly failed, and…
1Opinion of the CourtPeters, J.
The defendant gave a negotiable note in consideration of a promise of the payees of the note to deliver to him at a future time certain mowing machines and plows. The note is sued by an indorsee, and one of the grounds of the defense was, that the payees obtained the note with an intention never to deliver the implements, and that the indorsee, who sues the note, was conusant of the fraud.
The instructions to the jury upon that point present the question, whether getting property by a purchase upon credit, with an intention of the purchaser never to pay for the same, constitutes such a fraud…
2Cases cited1 opinion
- Parker v. ByrnesDistrict Court, D. Massachusetts · 1871
3Cited by14 opinions
- James-Dickinson Farm Mortgage Co. v. HarrySupreme Court of the United States · 1927
- Hart v. MoultonWisconsin Supreme Court · 1899
- Kearney Milling & Elevator Co. v. Union Pacific Railway Co.Supreme Court of Iowa · 1896
- GM Card v. Cox (In Re Cox)United States Bankruptcy Court, D. Massachusetts · 1995
- United States Ex Rel. O'Donnell v. Countrywide Home Loans, Inc.Court of Appeals for the Second Circuit · 2016
9 more not listed; retrieve them via the Exa API.