Sibley v. Lumbert
Supreme Judicial Court of Maine
Assumpsit on three promissory notes, all of the same date, signed by the defendants in their copartnership name, Lumbert & Fisher, payable more than six years before the suit, to a third person or order, and indorsed in blank. Fisher was defaulted. Lumbert pleaded the statute of limitations.
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Assumpsit on three promissory notes, all of the same date, signed by the defendants in their copartnership name, Lumbert & Fisher, payable more than six years before the suit, to a third person or order, and indorsed in blank. Fisher was defaulted. Lumbert pleaded the statute of limitations. On the trial, before Howard, J., the plaintiff introduced widow Cynthia Sibley, as a witness; she was objected to by defendant, as interested, because on the face of two of the notes in suit, was written in pencil, “property of Mrs. Sibley.” The objection was overruled. By her testimony, it appeared, that…
1Opinion of the CourtWells, J.
■— The words in pencil mark, on the face of two of the notes in suit, “ Property of Mrs. Sibley,” would not necessarily indicate that they were her property, at the time she was offered as a witness. They might be perfectly consistent with her ownership at a prior time.
She was properly admitted as a witness. Her testimony shows, that she was once the owner of all three of the notes, but had transferred her interest in them to the plaintiff, before the commencement of the suit.
While she was the owner of the notes, and within six years from the commencement of the action, Lumbert made a…
2Cited by8 opinions
- Kisler v. SandersIndiana Supreme Court · 1872
- Parsons v. CareySupreme Court of Iowa · 1870
- Eilke v. RiceCalifornia Supreme Court · 1955
- Chicago Art Co. v. ThackerWest Virginia Supreme Court · 1909
- Allen v. O'DonaldUnited States Circuit Court · 1886
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