Merrill v. Merrill

Supreme Judicial Court of Maine

Merrill v. Merrill

63 Me. 78

Supreme Judicial Court of Maine·Decided July 1, 1873·Published·Cited by 2 cases

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Rescript by

Danforth, J.

An action for money had and received, sustained by a valid promissory note, signed in the presence of an attesting witness, is an action upon such note, within the meaning of R. S., c. 81, § 83, and may be maintained within the same period of limitation as if the note had been specifically declared upon.

jExceptions sustained.

Appleton, C. J., Cutting, Barrows and Peters, JJ., concurred.

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Rescript by

Danforth, J.

An action for money had and received, sustained by a valid promissory note, signed in the presence of an attesting witness, is an action upon such note, within the meaning of R. S., c. 81, § 83, and may be maintained within the same period of limitation as if the note had been specifically declared upon.

jExceptions sustained.

Appleton, C. J., Cutting, Barrows and Peters, JJ., concurred.

Merrill v. Merrill, 63 Me. 78 (Me. 1873).

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