Hinckley v. Arey
Supreme Judicial Court of Maine
Assumpsit on two promissory notes. The case was submitted on a statement of facts, as it was ■termed, setting out the testimony of witnesses, and the introduction of depositions, at a trial in the district court; and ■concluding thus: — “ The foregoing evidence being out, the case by consent was taken from the jury and submitted to the Court on the ■question, whether the facts proved constituted a good defence in law, each party reserving the right to appeal.
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Assumpsit on two promissory notes. The case was submitted on a statement of facts, as it was ■termed, setting out the testimony of witnesses, and the introduction of depositions, at a trial in the district court; and ■concluding thus: — “ The foregoing evidence being out, the case by consent was taken from the jury and submitted to the Court on the ■question, whether the facts proved constituted a good defence in law, each party reserving the right to appeal. The Court to render judgment by nonsuit or default.” The material facts proved by the evidence are given in the •opinion of the Court.…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney J.
The action is upon two promissory notes of hand; and the defence is accord and satisfaction.
The defendant consulted N. Hubbard, Esq. as counsel relative to filing his petition to become a bankrupt. He was advised first to make an effort to compound with his creditors. He acted on that advice and empowered Mr. Hubbard to make an offer to the plaintiff in furtherance of that object; this was done, and an answer was returned by the plaintiff, in which he writes, “you say that Capt. Arey is going to pay his debts in that easy way without he can get…
2Cited by16 opinions
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
- Finnerty v. FritzSupreme Court of Colorado · 1879
- Herman v. SchlesingerWisconsin Supreme Court · 1902
- Melroy v. KemmererSupreme Court of Pennsylvania · 1907
- Walker v. KeelingCourt of Appeals of Texas · 1942
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