Metcalf v. Yeaton
Supreme Judicial Court of Maine
On Exceptions and statement of facts. This was an action of assumpsit on two promissory notes hereafter described. The plaintiffs were described in the writ as citizens, of Massachusetts, and as assignees of Joel M. Holden of Newton, in said State, an insolvent debtor. At the first term, in May, 1863, the plaintiffs moved for leave to amend their writ, by striking out the words describing them as assignees.
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On Exceptions and statement of facts. This was an action of assumpsit on two promissory notes hereafter described. The plaintiffs were described in the writ as citizens, of Massachusetts, and as assignees of Joel M. Holden of Newton, in said State, an insolvent debtor. At the first term, in May, 1863, the plaintiffs moved for leave to amend their writ, by striking out the words describing them as assignees. The defendant objected on the ground that the writ was not thus amendable; but Walton, J., presiding, overruled the objection and allowed the amendment to be made ; to which ruling the…
1Opinion of the Court
The opinion of the Court was drawn up by
Apple ton,. C. J.,
The writ originally described the plaintiffs as assignees. The Court allowed an amendment by striking out the words descriptive of the character in which they sued. This amendment was within the discretion of the Court and furnishes no ground of exception. Lester v. Lester, 8 Gray, 437.
The notes in suit were payable to Joel M. Holden, or order, and by him indorsed to the Blackstone bank, but, not having been paid by the maker at maturity, they were taken up by the indorser. The plaintiffs are the holders of the note's thus indorsed and…
2Cases cited2 opinions
- Upton v. HubbardSupreme Court of Connecticut · 1859
- Brush v. CurtisSupreme Court of Connecticut · 1822