Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 96

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 96

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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. 1902 edition. Excerpt: ...Wade & Dunton $275.00 within three months. Thomas Curtis," is suflicient to satisfy the statute of frauds; and being a non-negotiable note is not presumed to have been taken in payment. Even if regarded as a note, it does not require an internal revenue stamp to be aflixed to it. The U. S. statutes which prohibit the introduction of unstamped notes in evidence, apply only to courts of the United States, and has no application to state courts. In an action upon account annexed, the court may properly allow as an amendment to the declaration another count for goods bargained and sold. See Wade v. Ibsa, ante, p. 230. Exceptions by plaintiffs. Sustained. Assumpsit on account annexed and a promissory note. The case appears in the opinion. W. II. Newell and lV. B. Skeltcn, for plaintiffs. D. J..McGilIicudd_z/ and F. A. Morey, for defendant. STROUT, J. The writ in this case contained two counts--one upon a promissory note and the other upon account annexed. One of the items in the account was, "June 5, 1899, one hack $275. The plea was the general issue, with brief statement of the statute of frauds. Before the charge by the presiding justice, in reply to a question from him, plaintiff's attorney said he did not rely upon the count upon a promissory note, nor that the paper introduced was evidence under that count, but he did rely upon it as a memorandum in writing which satisfied the statute of frauds. This paper was as follows: ---"Lewiston, Me. August 31, 1899. This is to certify that I bought a hack of Vade & Dimton June 5, 1899, for which I promise to pay said "ade & Dunton $275.00 within three months. Thomas Curtis." This paper was objected to, because not stamped, as a note, and as an more

Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236956826
  • 9781236956828