Fales v. Wilson
Supreme Judicial Court of Maine
On exceptions by defendant. This is an action of assumpsit on a promissory note declared on as without interest. The admission of the note in suit when presented as evidence was objected to by defendant on the ground that it had a marginal memorandum of “and interest” on it, which constituted a variance. The court overruled the objection and admitted the note, and defendant excepted. The case is stated in the opinion.
1Opinion of the CourtHanson, J.
This is an action of assumpsit on a promissory note, and is before the court on exceptions by defendant, M. L. Winslow, endorser, the bankruptcy of Harland Wilson having been suggested on the record. The case was heard by the Justice of the Superior Court for the County of Androscoggin, without a jury.
*208The declaration is as follows: “In a plea of the case, for that the said defendants at Lewiston on the tenth day of April, A. D. 1921, by their promissory note of that date by them signed, for value received, promised the Lewiston Trust Company to pay it or order the sum of one hundred dollars…
2Cases cited8 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Franklin Savings Institution v. ReedMassachusetts Supreme Judicial Court · 1878
- Corgan v. FrewIllinois Supreme Court · 1865
- Hollen v. DavisSupreme Court of Iowa · 1882
- D. B. Fisk & Co. v. McNealNebraska Supreme Court · 1888
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3Cited by1 opinion
- Baum v. StateCourt of Appeals of Maryland · 1932