Quimby v. Morrill

Decided July 1, 1859

Supreme Judicial Court of Maine · decided 1859-07-01

Exceptions from the ruling of Tenney, C. J. This was an action of assumpsit, in which the defendant is declared against as guarantor of a certain note described in the writ. The note was overdue when the defendant signed the writing on the back of it, in these words: — “January 12, 1857.

Cited by 1 later decisions — most recently June 1890

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-07-01

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Goodenow, J.,

¶1announced the opinion of the Court.

¶2From an examination of the evidence in the case, as reported, we are of opinion that the jury were justified in finding the consideration sufficient to render the defendant liable to pay the note. The motion to set aside the verdict must be overruled.

¶3The burden of proof was clearly on the defendant. And though a witness cannot, generally, testify as to his intention in signing a written contract, and the defendant would not have been allowed to do so, against the objection of the plaintiff, it is not for the defendant in this case to complain.

¶4Exceptions overruled.