Jenness v. Parker
Supreme Judicial Court of Maine
Assumpsit upon a note of hand made by the defendant, on the 29th day of November, 1834, for $288,88, payable to John A. French, or order, in three years from date, with interest annually; and by him indorsed to Thomas Jenness, and by him to the plaintiff; in each case without recourse. On April 8, 1836, an indorsement of $135,50, was made. It was in proof that the note was indorsed after it became due.
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Assumpsit upon a note of hand made by the defendant, on the 29th day of November, 1834, for $288,88, payable to John A. French, or order, in three years from date, with interest annually; and by him indorsed to Thomas Jenness, and by him to the plaintiff; in each case without recourse. On April 8, 1836, an indorsement of $135,50, was made. It was in proof that the note was indorsed after it became due. Thomas Jenness testified, that the defendant promised to pay the note after it was indorsed to him, and before it was sued; and after it was sued he offered to pay as much as it would cost him…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
This is an action of assumpsit on a note of hand. The plaintiff is an indorsee. The defence is a total want of consideration; and it is admitted that the note was indorsed after it became duo, so that the defendant is entitled to defend as if the note were still in the hands of the payee. The note appears to have been given to one French, for one fourth part of the consideration for the conveyance of an undivided moiety of a tract of land in Bangor. The conveyance was by deed of general warranty, in common form, bearing date Nov. 29, 1834.…
2Cited by2 opinions
- Decker v. SchulzeWashington Supreme Court · 1895
- Holland v. CrickardConnecticut Appellate Court · 1985