Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 49

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 49

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864 edition. Excerpt: ...carried to said Coolidge, who received the note as and for a note signed by all the defendants, in presence of an attesting witness, and with the full belief that it was such a note, and paid the money therefor under such belief and upon the credit of said Rowell, and with no knowledge that said Rowell was surety, and with no knowledge or suspicion that it was not signed by all of the defendants, but with the full belief that it was signed by all the defendants in the presence of the attesting witness, until after the commencement of this suit. Wherefore the plaintiff claims that said Rowell is estopped from setting up in defence that the note was not signed by him in'presence of a subscribing witness." The parties agreed to submit the case to the Court without the intervention of the jury, with leave to file exceptions. It was proved, that 'the note was signed by Samuel Eaton and Jonathan Eaton, and their signatures witnessed by Benj. F. Eaton, since deceased, whose name is on the note as a subscribing witness. Some days after the note was so signed and witnessed, it was carried to David Rowell, the other defendant, who signed the same, the subscribing witness not being present. The note was not for R0well's benefit; he signed it only as surety, and made none of the payments that were indorsed upon it. After the note was signed by all the makers and the subscribing witness, it was carried to Elisha Coolidge, who paid the money thereon, to whom, or who was present, does not appear in evidence. Coolidge had no knowledge that Benj. F. Eaton's name was not upon the note as a subscribing witness to the signatures of all the makers thereof, but suppfised it to be so; and he never heard, or had reason to suppose, more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236956540
  • 9781236956545