Johnson v. Heagan
Supreme Judicial Court of Maine
The plaintiff, as indorsee brought his action against the defendant on a note given by him to Harriet Treat, dated March 8, 1838, for $28,82, payable on demand with interest. The consideration of the note was two small notes from the defendant to Nathaniel Treat, given up at the time to the defendant by the agent of Harriet Treat.
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The plaintiff, as indorsee brought his action against the defendant on a note given by him to Harriet Treat, dated March 8, 1838, for $28,82, payable on demand with interest. The consideration of the note was two small notes from the defendant to Nathaniel Treat, given up at the time to the defendant by the agent of Harriet Treat. When the note was made, and at the time it was indorsed to Johnson, the following memorandum, as the subscribing witness to the note recollected it, was at the bottom of the note, and had been taken therefrom before the time of trial. “ This note not to be collected…
1Opinion of the Court
The opinion of the Court was by
Whitman C. J.
The plaintiff sues as an indorsee of a promissory note, made by the defendant to one Harriet Treat. At the time of the transfer of it to the plaintiff it is agreed, that there was a memorandum, as mentioned in the deposition of Lewis C. Kelly, on the note. The statement of Kelley is, that he signed the note as a witness to the signature of the defendant, and also, that there was a memorandum on the bottom of it, which he witnessed; that the words of the memorandum were these, “ this note not to be collected until Nathaniel Treat takes it up himself…
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