34 Me. 227
Supreme Judicial Court of Maine
Decided July 1, 1852
Supreme Judicial Court of Maine · decided 1852-07-01
On Facts agreed. Assumpsit against the indorser of a negotiable note, dated April 3, 1848, payable in two years. This note, and another of the same date and amount, payable at one year, together with fifty dollars in cash, were given to the defendant by one Merrow for a shop, being personal property, sold by the defendant to Merrow. At the same time, Merrow gave to the defendant a mortgage of the shop to secure the notes. On April 6th, 1850, the shop was consumed by fire.
Decided 1852-07-01
¶1The opinion of the Court, Shepley, C. J., Tenney, Howard, Rice and Appleton, J. J., was delivered by
¶2orally. — The case does not satisfactorily show that the defendant had sufficient security, by the mortgage, nor that the mortgage embraced all the property which the maker owned. He had therefore a right to notice.
¶3Action to stand for trial.