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33 Me. 493

Berry v. Hall

Supreme Judicial Court of Maine

Decided July 1, 1851

Supreme Judicial Court of Maine · decided 1851-07-01

On Exceptions from the District Court, Rice, J. Assumpsit by the indorsee against the alleged promissor of a note payable to Charles Y. Poor or order. The note was produced. It was signed by John H. Hall, and the defendant had written his name upon the back of it. Directly above the defendant’s name was that of Charles Y. Poor. The defendant had not been notified as indorser.

Decided 1851-07-01

Shepley, C. J., orally.

¶1— The deposition was offered by the plaintiff.

¶2The deponent’s liability upon his indorsement could not be defeated by a verdict for the plaintiff. He was not, therefore, interested in favor of the plaintiff, and the deposition was admissible.

¶3The plaintiff also contended, that parol evidence is not receivable to change the relation of parties to a negotiable note.

¶4*494A consideration of that question is unnecessary, because the deposition, which is made a part of the case, contains nothing which can tend to show, that the defendant intended to sign as a promisor. It only proves, that his name was to be upon the paper; and its exclusion was, therefore rightfully ordered.

¶5When one places his name upon the back of an unnegotiable note, the law presumes him to be a promisor.

¶6When he places it upon the back of a negotiable note, the law presumes, that he intended to be an indorser.

¶7Nonsuit confirmed.

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