13. JUDGMENT AND EXECUTION. 14. ATTACHMENTS, FOREIGN AND JUDICIAL. 15. EFFECT OF DEATH UPON THE RIGHTS OF CREDITORS. 1. Choses in Action. THE common law has not been altered in Maine as to the assignability of choses in action; and except in cases governed by the mercantile law, the assignee cannot bring an action upon them in his own name. A scrawl does not have the force of a seal; but where there is only one seal and several signatures, the recital in the instrument, "sealed with our seals," is equivalent to an adoption of the particular seal by each. (a) (a) Bank of Cumberland v. Bugbee, 1 App. 27. Damages upor Bills of Exchange. No recovery can be had upon any promissory note executed since August 10th, 1816, which is payable on demand at a place certain, or on demand at a place certain after the expiration of a specified time, unless the plaintiff shall prove that such demand was made at the place of payment prior to the commencement of the suit. (a) 2. Damages upon Bills of Exchange. Where a bill of exchange, drawn or indorsed within the state, and payable in some other of the United States, is protested for non-acceptance or non-payment, the holder may recover against the acceptor, drawer, or indorser, not only the contents of the bill and interest, but in addition thereto, damages at the rate of three per cent. on the amount of the bill, if it be payable in either of the states of New Hampshire, Massachusetts, Vermont, Connecticut, Rhode Island, or New-York; at the rate of six per cent. if it be payable in New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, or the District of Columbia; and at the rate of nine per cent. if it be payable in any other state. (b) Upon a bill of exchange drawn, accepted, or indorsed within the state for one hundred dollars or more, and payable within the state at a place seventy-five miles distant from the place where drawn, the rate of damages over and above the contents of the bill and interest is one per cent. on the principal amount. There is no statute regulating the damages upon protested foreign bills of exchange, but in Griffith's Law Register, vol. iv. 1007, it is intimated that the decisions of Massachusetts would be recognized by the courts of Maine. These decisions were founded upon what Chief Justice Parsons, in the case of Grimshaw v. Bender et als, 6 Mass. 157, declared to be the immemorial usage of the state. "That usage is to allow the holder of the bill the money for which it was drawn, reduced to our currency at par, and also the charges of protest, with American interest on those sums from the time when the bill should have been paid; and the further sum of one-tenth of the money for which the bill (b) R. S. 510, (a) Acts of 1846, 203. Interest.-Frauds. was drawn, with interest upon it from the time that payment of the dishonored bill was demanded of the drawer. But nothing has been allowed for re-exchange, whether it is below or at par. The usage governs also in actions against indorsers and acceptors of foreign bills." Protest. The protest of any foreign or inland bill of exchange, or promissory note, or order, duly certified by a notary public, under his hand and official seal, shall be legal evidence of the facts stated in such protest, and also as to the notice given to the drawer or indorsers, in any court of law. (a) 3. Interest. Six per cent. is the legal rate of interest. The excess above that rate cannot be recovered in an action upon any contract; and if it has been paid, may be recovered back by the borrower or his personal representatives, on instituting an action therefor within twelve months next after the payment. The statute does not embrace maritime contracts, such as bottomry, insurance, or the course of exchange. The latter provision does not apply to bills of exchange or promissory notes, payable to order or bearer, which have passed into the hands of an innocent indorsee for a valuable consideration. (b) On all executions issued on judgments in civil actions or acknowledgments of debt, lawful interest shall be collected by the officer serving the execution, from the time judgment was rendered or the debt became payable. (c) It is said in Griffith's Law Register, 1006, that interest is not recoverable on book debts, except where a demand is proved, or upon the expiration of a credit which was given for a specified time. 4. Frauds. The English Statute of Frauds is substantially re-enacted, but it is provided that the consideration of any such promise, contract, or agreement, need not be set forth or expressed in the writing (c) Ib. 509. (a) R. S. 264. (b) Ib. 317. Effect of Marriage upon Rights of Property.-Principals, Factors, and Agents. signed by the party to be charged therewith, but may be proved by any other legal evidence. (a) No action can be maintained to charge a party by reason of any representation or assurance concerning the character, credit, ability or dealings of any other person, unless such representation is in writing. (b) No contract for the sale of any goods for the price of thirty dollars or more, shall be allowed to be good, unless the purchaser shall accept part of the goods so sold and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or some note of memorandum of the bargain in writing. (c) 5. Effect of Marriage upon Rights of Property. · Any married woman may become seized or possessed of any property, real or personal, by bequest, gift, demise, purchase, or distribution, in her own name, and as of her own property, exempt from liability for the debts or contracts of her husband: provided that such property, if acquired after marriage by conveyance from the husband without adequate consideration, or by purchase with his moneys or property, shall be liable for the payment of his prior ⚫ contracted debts. (d) 6. Principals, Factors, and Agents. Every person in whose name any merchandise shall be shipped, shall be deemed the true owner thereof, so far as to entitle the consignee of such merchandise to a lien thereon, for any moneys advanced or negotiable security given by such consignee to and for the use of the person in whose name such shipment shall have been made, and for any money or negotiable security received by the person in whose name the shipment shall have been made, to and for the use of any such consignee. Every factor or agent intrusted with the possession of any bill of lading, custom-house permit, or warehouse keeper's receipt for the delivery of any such merchandise; and every factor or agent not having the documentary evidence of title, who shall be (a) R. S. 591. (b) Ib. (c) Ib. (d) Acts of 1847, 23. Acts of 1844. |