Ingalls v. Marston
Supreme Judicial Court of Maine
On exceptions by plaintiff. This is an action of assumpsit on the first instalment of a promissory note, against Herbert L. Marston and Almeda E. Marston, who signed on the face of the note, and Howard M. Smith and Walter H. Foss, who signed on the back of the note, all signatures being made at the inception of the note and before delivery to the plaintiff as payee.
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On exceptions by plaintiff. This is an action of assumpsit on the first instalment of a promissory note, against Herbert L. Marston and Almeda E. Marston, who signed on the face of the note, and Howard M. Smith and Walter H. Foss, who signed on the back of the note, all signatures being made at the inception of the note and before delivery to the plaintiff as payee. The presiding Justice ruled “that the defendants, Howard M. Smith and Walter H. Foss, were .indorsers; and it being conceded that the payment of the first instalment was not demanded according to the tenor of the note and notice…
1Opinion of the CourtCornish, C. J.
This is an action of assumpsit on the first instalment of a promissory note dated August 1, 1919, against Herbert L. Marston, Almeda E. Martson, Howard M. Smith and Walter H. Foss. Herbert L. and Almeda E. Marston signed the note on its face. Howard M. Smith and Walter H. Foss placed their signatures on the back of the note at its inception and before delivery to the payee, the plaintiff. The payment of the first instalment was not demanded of the makers, Herbert L. and Almeda E. Marston, at maturity, and notice of dishonor was not given to Smith and Foss. The plaintiff seeks to maintain this…
2Cases cited7 opinions
- Grapes v. WilloughbySupreme Court of Vermont · 1919
- Baumeister v. KuntzSupreme Court of Florida · 1907
- Williams v. Paintsville National BankCourt of Appeals of Kentucky · 1911
- Walker v. DunhamMissouri Court of Appeals · 1909
- Lightner v. RoachCourt of Appeals of Maryland · 1915
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3Cited by7 opinions
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- Portland Savings Bank v. ShwartzSupreme Judicial Court of Maine · 1938
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