Raymond v. Wyman
Supreme Judicial Court of Maine
Assumpsit upon a note given to Benjamin Wyman and by him indorsed to the plaintiff, after it had been payable for some months. The defence relied upon was a payment to Levi Emery and Joseph Cushing, as guardians of Benjamin Wyman, the payee. The facts in relation to their appointment are stated in the opinion of the Court. To prove payment to the guardians, a receipt signed by one of them was offered in evidence.
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Assumpsit upon a note given to Benjamin Wyman and by him indorsed to the plaintiff, after it had been payable for some months. The defence relied upon was a payment to Levi Emery and Joseph Cushing, as guardians of Benjamin Wyman, the payee. The facts in relation to their appointment are stated in the opinion of the Court. To prove payment to the guardians, a receipt signed by one of them was offered in evidence. This was objected to by the plaintiff as inadmissible for that purpose. It was admitted by Weston C. J. presiding at the trial, as evidence merely to show a payment by the defendants…
1Opinion of the Court
The opinion of the Court was drawn up by
Weston C. J.
It appears from the Probate records, that on the 13th day of March, 1833, a majority of the selectmen of Bloomfield made a representation and complaint to the Judge of Probate, that Benjamin Wyman, the payee of the note in question, who was an inhabitant of that town, was a spendthrift and wasting his estate; and that thereupon notice issued to the said Benjamin, to show cause why he should not be put under guardianship. This proceeding gave jurisdiction to the Judge, under the Statute of 1821, c. 51, § 53. No record of a decree for the…
2Cited by1 opinion
- Richardson v. Passumpsic Savings BankSupreme Court of Vermont · 1940