Small v. Clewley
Supreme Judicial Court of Maine
On exceptions. Assumpsit for money liad and réceived, brought under H. S., c. 66, § 13, upon a claim disallowed hy the commissioners of insolvency upon the estate of the late William Clewley, deceased, of whose will the defendant is executrix.
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On exceptions. Assumpsit for money liad and réceived, brought under H. S., c. 66, § 13, upon a claim disallowed hy the commissioners of insolvency upon the estate of the late William Clewley, deceased, of whose will the defendant is executrix. By a specification annexed to his writ, the plaintiff set up as the foundation of this action two promissory notes, alleged to have been made by the testator, one for $200, dated June 7, 1861, payable to the order of P. Warren in one year from that time with interest, and by said Warren indorsed ; and the other for $500, dated April 11, 1868, running to…
1Opinion of the CourtPeters, J.
The plaintiff, as payee, sues the executrix of the maker of two promissory notes. The grounds of defence, taken by the defendant, seem to have been that tbe notes were forged ; or, if genuine, tbat tbey were obtained without a valuable consideration therefor. Tbe parties did not testify; no witnesses to the original transactions were called; the evidence is mostly circumstantial and somewhat indefinite, and was introduced by both sides upon tbe issues involved.
The judge presiding said to tbe jury, “if you find tbat tbe signature is genuine, tbe burden is upon tbe defendant to show be should…
2Cited by8 opinions
- Scott v. WoodCalifornia Supreme Court · 1889
- Bogie v. NolanSupreme Court of Missouri · 1888
- Hudson v. MoonUtah Supreme Court · 1913
- First State Bank v. RadkeNorth Dakota Supreme Court · 1924
- Feurt v. AmbroseMissouri Court of Appeals · 1889
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