Evans v. Smith

Supreme Judicial Court of Maine

Evans v. Smith

34 Me. 33

CourtSupreme Judicial Court of Maine

DecidedJuly 1, 1852

StatusPublished

Cited by3 cases

This text of 34 Me. 33 (Evans v. Smith) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Evans v. Smith, 34 Me. 33 (Me. 1852).

Pincite

Opinion

Howard, J.,

orally. —There is no valid objection to the admissibility of the Avitness. It is not a sound principle that, in order to take a note from the operation of the statute, the indorsement must be made in the handwriting of the debtor. It is the fact of the part-payment within six years from the commencement of the suit, which has that effect. Such a payment is distinctly shown by the testimony, Avhich it is admitted William Evans would give. Defendant defaulted.

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Howard, J.,

orally. —There is no valid objection to the admissibility of the Avitness. It is not a sound principle that, in order to take a note from the operation of the statute, the indorsement must be made in the handwriting of the debtor. It is the fact of the part-payment within six years from the commencement of the suit, which has that effect. Such a payment is distinctly shown by the testimony, Avhich it is admitted William Evans would give. Defendant defaulted.

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Bluebook (online)

34 Me. 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-smith-me-1852.

Opinion

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