Darling v. March
Supreme Judicial Court of Maine
This case came before the Court on a statement of facts signed by the counsel for the parties. Assumpsit on a note dated Nov. 13, 1837, for two thousand dollars, signed by Lincoln, Foster & Co. payable to Willis Patten & Co. “ at either bank in Bangor,” six months after date, and indorsed Willis Patten & Co. Over the indorsement was written “ holden without notice or demand,” and no demand was proved, the plaintiff relying on the waiver.
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This case came before the Court on a statement of facts signed by the counsel for the parties. Assumpsit on a note dated Nov. 13, 1837, for two thousand dollars, signed by Lincoln, Foster & Co. payable to Willis Patten & Co. “ at either bank in Bangor,” six months after date, and indorsed Willis Patten & Co. Over the indorsement was written “ holden without notice or demand,” and no demand was proved, the plaintiff relying on the waiver. It was admitted, or satisfactorily proved, at thfc trial, that Amos Patten, the defendant’s testator, Willis Patten & Moses Patten, Jr. constituted the firm…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
— It may be proper to consider in the first place, whether Lincoln and Patten were competent witnesses. Lincoln, as one of the makers of the note, was liable to pay it in any event. If the defendant is obliged to pay it, he must repay him ; and if not, he must pay to the plaintiff. And if the amount, which the plaintiff should recover in this suit, be reduced by Ms testimony, he will still be liable for the whole balance to the plaintiff. He is not therefore interested in the event of this suit beyond the costs, from which he has been…
2Cases cited1 opinion
- Gansevoort v. WilliamsNew York Supreme Court · 1835
3Cited by7 opinions
- Johnson v. Marx Levy & Bro.Supreme Court of Louisiana · 1902
- Craig v. ButlerMichigan Supreme Court · 1860
- Payne v. SlateNew York Supreme Court · 1863
- Baker v. Lynchburg National BankSupreme Court of Virginia · 1917
- Line v. McCallMichigan Supreme Court · 1901
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