Patch v. King
Supreme Judicial Court of Maine
, Assumpsit upon a note of hand, dated Nov. 9, 1832, for $ 1300, payable to plaintiff and signed by Jacob D. Brown and defendant as principals, and others as sureties. Plea, the general issue and statute of limitations. The action came on for trial before Shepley, C. J., when it appeared, that the action was commenced at the District Court, in 1842, and that the writ and note had been destroyed afterwards by fire.
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, Assumpsit upon a note of hand, dated Nov. 9, 1832, for $ 1300, payable to plaintiff and signed by Jacob D. Brown and defendant as principals, and others as sureties. Plea, the general issue and statute of limitations. The action came on for trial before Shepley, C. J., when it appeared, that the action was commenced at the District Court, in 1842, and that the writ and note had been destroyed afterwards by fire. The plaintiff proved that there was such a note with two indorse-ments upon it; one in the year 1838, for one dollar, in the handwriting of Brown, and the other in the summer of…
1Opinion of the Court
The opinion of the Court, (Howard, J. taking no part in the decision, having been engaged in the case, and Siiepley, C. J. not concurring.) was delivered by
Tenney, J.
This suit was commenced in 1842, and is upon a promissory note of hand, dated on Nov. 9, 1832, for the sum of $1300, signed by the defendant and one Jacob D. Brown, as principals, and other persons as sureties. An indorsement was made by Brown, in 1838, of one dollar, and another by his clerk, who has since died, of $200, in the year 1840. On Sept. 4, 1834, the two principals upon the note, conveyed in mortgage certain real…
2Cited by2 opinions
- Kisler v. SandersIndiana Supreme Court · 1872
- Stevens v. HannanMichigan Supreme Court · 1891