Digest of the Decisions of the Supreme Judicial Court, of the State of Maine: Contained in Greenleaf's, Fairfield's, Appleton's, and Shepley's Reports; and Comprising Twenty-six Volumes of the Maine Reports. [1820-1847]
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Digest of the Decisions of the Supreme Judicial Court, of the State of Maine ...
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abatement admissible afterwards agent alleged Amendment amount assignment Assumpsit attachment attorney authority Bank bill bond Bowdoinham chose in action claim common law contract conveyance conveyed corporation court court of equity court of sessions covenants creditor damages debt declarations deed defendant demand discharge dower entitled equity Estoppel execution executor fact fraud fraudulent grant grantor held husband indictment indorser insolvent judgment jury justice land liable ment mill mortgage notice officer owner paid party pauper payable payee payment plaintiff Pleading Poor Debtors possession probate promise promissory note proof proprietors prove purchaser real estate recover rendered replevin scire facias seizin Smith stat statute statute of frauds statute of limitations sufficient suit surety tenant thereof third person town trespass trial trover usurious verdict viii witness writ xvii xviii xxii xxiii xxiv xxvi
Page 176 - The plaintiff sought to recover the value of such work as an item of damages, but the court held that the measure of damages was the difference between the value of the oxen at the time of the conversion and their value at the time they were retaken by the plaintiff.
Page 7 - Devises, 679, the plain intent of the deed was to put the purchaser in the place of the vendor, and that...
Page 202 - CD, his heirs and assigns forever, against the lawful claims and demands of all persons claiming by, through, or under us, but against none other.
Page 627 - Cases may be found in which it is held, that, where the computation is to be made from an act done, the day on which the act is done is to be included.
Page 436 - ... all actions of account, and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants...
Page 283 - NP 181. So, in Herman v. Drinkwater, 1 Greenleaf 27, a shipmaster having received a trunk of goods on board his vessel, to be carried to another port, which, on the passage he broke open and rifled of its contents; the owner of the goods proving the delivery of the trunk and its violation, was admitted...
Page 225 - It would require an express declaration, or something equivalent thereto, to sustain such an inference; and it may be considered as the *general rule, that a grant of land bounded upon a highway or river, carries the fee in the highway or river to the centre of it, provided the grantor at the time owned to the centre, and there be no words or specific description to show a contrary intent.
Page 257 - Whether a party misrepresenting a material fact knew it to be false, or made the assertion without knowing whether it was true or false, is wholly immaterial; for the affirmation of what one does not know or believe to be true is equally, in morals and law, as unjustifiable as the affirmation of what is known to be positively false...