Marr v. Plummer
Supreme Judicial Court of Maine
Assumpsit by the indorsee against the maker of a promissory note, dated May 26, 1818, payable to James Marr, the father of the plaintiff, or his order, in three years from the date with interest.
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Assumpsit by the indorsee against the maker of a promissory note, dated May 26, 1818, payable to James Marr, the father of the plaintiff, or his order, in three years from the date with interest. It appeared at the trial of this action before Weston J. that soon after the note was dated it was indorsed by the payee in blank,. and delivered to R. W. to secure a debt due to the proprietors of the Kennebec purchase; — that soon after the note became due, the debt for which it was pledged having been otherwise adjusted, the wife of the payee, he being absent, and having authorized her to act for…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court at the ensuing term at Jlugusta.
By the report it appears that the note in question was duly indorsed by the payee in blank, and afterwards put in suit in the name of the plaintiff, by the special direction of the authorized agent of the payee; — and that though the plaintiff was absent when the action was commenced, he was present when it was tried, — maintaining it in person, and claiming an interest in the note. It is urged that the note was never delivered to the plaintiff, and so no interest vested in him prior to the commencement of the…
2Cases cited4 opinions
- Little v. ObrienMassachusetts Supreme Judicial Court · 1812
- Taylor v. BinneyMassachusetts Supreme Judicial Court · 1811
- Lovell v. EvertsonNew York Supreme Court · 1814
- Foxall v. McKenneyU.S. Circuit Court for the District of District of Columbia · 1827