Benjamin v. Moody

Decided July 1, 1856

Supreme Judicial Court of Maine · decided 1856-07-01

On Exceptions from Nisi Prius, Appleton, J., presiding. Assumpsit brought to recover one third part of a sum of money paid by plaintiff as surety with defendant on a note of which the following is a copy:— “$300. “Lebanon, May 5, 1845. “For value received, we jointly and severally promise to pay the Rochester Bank, or order, three hundred dollars in sixty days and grace. “Alpheus Staples, “William G-errish, “Benj.

Cited by 1 later decisions — most recently May 1923

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1856-07-01

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¶1The opinion of the Court was delivered by

Hathaway, J.

¶2The character in which the parties signed the note is presumed to be correctly exhibited by it, until the contrary be proved. Crosby v. Wyatt, 23 Maine, 161. The instructions given were in entire accordance with this principle, and— The exceptions are overruled and

¶3judgment on the verdict.

Tenney, C. J., and Cutting, Rice, and Goodenow, J. J., concurred.