Davis v. Gowen
Supreme Judicial Court of Maine
Exceptions from the District Court, for the Eastern District, Allen J. presiding. Assumpsit against the defendant as indorser of a note dated Sept. 23, 1837, for $32,13 payable in thirty days, given by one Mayo to the defendant and by him indorsed.
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Exceptions from the District Court, for the Eastern District, Allen J. presiding. Assumpsit against the defendant as indorser of a note dated Sept. 23, 1837, for $32,13 payable in thirty days, given by one Mayo to the defendant and by him indorsed. The parties all lived in Orono, and it was proved that the note was left in the Stillwater Bank in that town for collection, and that on the 26th of Aug. written notices were made out directed to the maker and indorser, and left in the Orono post-office. The plaintiff then called Nathaniel Wilson, who was objected to by the defendant as interested.…
1Opinion of the Court
The opinion of the Court, was drawn up by
Weston C. J.
The attorney for the plaintiff is not liable to •the defendant for his costs, unless he indorses the writ. It is no part of his duty, in virtue of his retainer, to do this. It is in practice often done by him, but the obligation it imposes, depends upon his indorsement, to which a certain legal effect is attached, and not upon the relation in which ho stands, as the attorney of the plaintiff. The partner of Mr. Wilson, the witness objected to, indorsed in this case the plaintiff’s writ. lie might have done it in the name of the firm. If he…
2Cases cited4 opinions
- Martin v. WinslowU.S. Circuit Court for the District of Rhode Island · 1821
- Hopkins v. LiswellMassachusetts Supreme Judicial Court · 1815
- Farrington v. BrownSuperior Court of New Hampshire · 1834
- Otis v. HusseySuperior Court of New Hampshire · 1826