Lincoln v. Fitch
Supreme Judicial Court of Maine
Exceptions and Motion fob New Trial from Nisi Trim, Davis, J., presiding. This was an action of assumpsit upon a draft and bank check. The claim for the check was abandoned at the trial. No evidence in support of that claim was offered.
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Exceptions and Motion fob New Trial from Nisi Trim, Davis, J., presiding. This was an action of assumpsit upon a draft and bank check. The claim for the check was abandoned at the trial. No evidence in support of that claim was offered. The draft or acceptance was as follows: —■ “Boston, March 14, 1854. “$10,000. Two months after date, pay to the order of A. F. Smith, at bank in Boston, ten thousand dollars, value received, which place to account of “'A. F. Smith & Co. “ To Fitch, Hodgdon & Co., Springvale, Me.” Across the face of the draft ivas written, “ Accepted, Fitch, Hodgdon & Co.”: and…
1Opinion of the CourtTenney, C. J.
The suit is upon an instrument purporting by its terms to be an acceptance drawn by A. E. Smith & Co. for the sum of §10,000, to be paid in two months from date, which is March 14, 1854, to the order of A. E.. Smith, upon the defendants; accepted by them, and indorsed by A. E. Smith, with the written waiver of demand and notice, as drawers and indorsers, signed A. E. Smith & Co. and A. E. Smith upon the same paper.
In the specifications of defence, filed in the same case, it is alleged, that the promise contained in the acceptance, was without any legal or valuable consideration; that the…
2Cases cited1 opinion
- Churchill v. SuterMassachusetts Supreme Judicial Court · 1808
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- Falkenbach v. PattersonOhio Supreme Court · 1885