Milbery v. Storer
Supreme Judicial Court of Maine
On exceptions. Assumpsit on a promissory note. The opinion states the material facts. Weed, contended, upon the point considered in the opinion, that the addition of an attesting witness made a material alteration of the note and brought it within the law laid down in Chadwick v. Eastman, 53 Maine, 12. Suppose the payee and attesting witness dies and after the lapse of more than six years the administrator of the payee brings suit on the note, the defendant could not testify…
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On exceptions. Assumpsit on a promissory note. The opinion states the material facts. Weed, contended, upon the point considered in the opinion, that the addition of an attesting witness made a material alteration of the note and brought it within the law laid down in Chadwick v. Eastman, 53 Maine, 12. Suppose the payee and attesting witness dies and after the lapse of more than six years the administrator of the payee brings suit on the note, the defendant could not testify and upon proof of the signature of the subscribing witness judgment must go against the defendant. He can truly say…
1Opinion of the CourtPeters, J.
The action is upon the following note :
"Littleton, Me. Oct. 26, 1880.
"For value received we jointly or separately agree to pay Nathan B. Milbery, of Wicklow, N. B. or order, the sum of nine hundred dollars with interest, at nine per cent, the same is for «eighteen thousand fruit trees, the same to be paid June 1, 1881.
Witnessed by Hall E. Storer,
George C. Hayward, Jr. John B. Weed,
George C. Hayward, Jr.”
The note was not witnessed in the presence or with the consent of Weed. The witness saw him sign the note, and after-\wards, before the note was accepted by the payee, put his own *71name upon it…
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