Wilkins v. Reed
Supreme Judicial Court of Maine
This was an action of assumpsit by the promisees against the makers of a promissory note; with the common money counts, a quantum valebant, and an insimul computassent.
Read the full summary
This was an action of assumpsit by the promisees against the makers of a promissory note; with the common money counts, a quantum valebant, and an insimul computassent. At the trial, before Weston J. it appeared that all the counts were for one and the same original cause of action ; — and that the defendants Reed and Libby were joint owners of a schooner, of which Reed was master, and for which the plaintiffs furnished the supplies mentioned in the writ, taking therefor a negotiable promissory note signed by Reed in his own name and that of Lobby, jointly. The defendant Lobby pleaded that-he…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court.
The note declared on is in form a joint one, and the case flmL that it was never signed by Libby, or by his authority ; and therefore the action is not maintainable on the first count; and the only question is whether it is on either of the general counts upon the original cause of action. — The note being negotiable, is said to have merged all implied promises, and that therefore the remedy of the plaintiffs exists only against Reed upon the note, on which lie may sustain a several action against him. There is no doubt as to the principle relied…
2Cited by3 opinions
- Henry Ames Packing & Provision Co. v. TuckerMissouri Court of Appeals · 1879
- GurnetDistrict Court, D. Maine · 1916
- Carter v. The ByzantiumU.S. Circuit Court for the District of Maine · 1858