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47 Me. 351

Loud v. Merrill

Supreme Judicial Court of Maine

Decided July 1, 1860

Supreme Judicial Court of Maine · decided 1860-07-01

This was a suit by an indorsee against an indorser of a promissory note for §5000, payable at the Suffolk Bank in Boston. In disposing of the case, the clerk was inadvertently directed to allow the plaintiff damages for the protest, as upon a bill of exchange. See Loud v. Merrill, 45 Maine, 516.

Cited by 1 later decisions — most recently May 1936

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1860-07-01

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¶1In an action upon a promissory note, though, the suit is by an indorsee against an indorser, and the note is payable in another State, no damages for protest are allowed, as upon bills of exchange.

¶2Upon being informally presented again by cpunsel, and *352argued upon that point, the Court were unanimously of the opinion, that promissory notes, though negotiated, were not within the provisions of § 35, c. 82, of the B. S. of 1851, relating to that subject; and no such damages were allowed.

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