Waterman v. Vose
Supreme Judicial Court of Maine
This action is assumpsit against the defendants as endorsers of a note of hand, the history of which is fully stated in the opinion. The verdict was for the plaintiff, and Exceptions were taken to the instructions of the court by defendants, Davis, J., presiding. in support of the exceptions, argued 1. That the notice being in writing, it was the duty of the court to decide whether it was sufficient, and not leave the question to the jury.
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This action is assumpsit against the defendants as endorsers of a note of hand, the history of which is fully stated in the opinion. The verdict was for the plaintiff, and Exceptions were taken to the instructions of the court by defendants, Davis, J., presiding. in support of the exceptions, argued 1. That the notice being in writing, it was the duty of the court to decide whether it was sufficient, and not leave the question to the jury. “ If it was a point to be settled on inspection of the paper alone, it was more proper- that it should have been settled by the presiding judge.” Cbrtor v.…
1Opinion of the CourtTenney, C. J.
The note in suit for the accommodation of Amaziah Nash, the maker, was written by Y ose, one of tbe firm of “ Yose & Joyce,” and signed by him with the name of the firm, without the words “ with interest.” In pursuance of a previous arrangement between Nash and the plaintiff, it was offered by Nash in payment of a yoke of oxen which he had agreed to purchase of the plaintiff; the latter insisting that the note should be on interest, these words were added by Nasb in the presence of the plaintiff without the knowledge or consent of the defendants. Whether Nash *510signed the note at the time of…
2Cases cited1 opinion
- Miller v. StewartSupreme Court of the United States · 1824
3Cited by6 opinions
- Britton v. DierkerSupreme Court of Missouri · 1870
- Scribner v. CyrSupreme Judicial Court of Maine · 1952
- First National Bank v. CarterMichigan Supreme Court · 1904
- Searles v. SeippSouth Dakota Supreme Court · 1895
- Ruby v. TalbottNew Mexico Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.