Stearns v. Burnham
Supreme Judicial Court of Maine
This Aas assumpsit by the indorsee against the maker of a prom-sssory note, payable to William Stearns, of Salem, in Massachusetts, and indorsed by bis executrix, who resided in the same town, and whose letters testamentary issued from a Probate Court in that State, to the plaintiff, who also was a citizen of Massachusetts.
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This Aas assumpsit by the indorsee against the maker of a prom-sssory note, payable to William Stearns, of Salem, in Massachusetts, and indorsed by bis executrix, who resided in the same town, and whose letters testamentary issued from a Probate Court in that State, to the plaintiff, who also was a citizen of Massachusetts. The maker always resided in this State.. ' it was tried before the Chief Justice, upon the general issue, and the pica of the statute of limitations; and a verdict was taken for the plaintiff, subject to the opinion of the court, upon the question whether any right to…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court.
-' The only question of any moment, is whether the plaintiff is entitled to maintain this action as indorsee of the note declared on, the same having been indorsed by Mrs. Stearns, the executrix of William Stearns’s will, proved and approved in Massachusetts. It is clear that that the executrix herself, could not maintain an action in our courts *263upon the note, as was decided in the case of Jones v. Goodwin 3. Mass, 514, The principles and reasons on which that decision is founded are stated at large by Mr. Chief Justice Parsons ; and on this…
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