Legal Opinion

Damers v. Trident Fisheries Co.

Supreme Judicial Court of Maine

Decided October 25, 1920PublishedCited by 6 opinions

This is an action of assumpsit on an account annexed to recover brokers’ commissions of 5% of $240,000, the selling price of two steamers, amounting to $12,000, and interest on same of $1,920, making a total of $13,920. The defendant filed a plea of the general issue, and a brief statement of special matter of defense, alleging that on the fifth day of February, A. D. 1917, the President of the United States of America by proclamation of that date declared a national…

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This is an action of assumpsit on an account annexed to recover brokers’ commissions of 5% of $240,000, the selling price of two steamers, amounting to $12,000, and interest on same of $1,920, making a total of $13,920. The defendant filed a plea of the general issue, and a brief statement of special matter of defense, alleging that on the fifth day of February, A. D. 1917, the President of the United States of America by proclamation of that date declared a national emergency to exist and in accordance with said proclamation the United States Shipping Board declined to permit the proposed…

1Opinion of the CourtHanson, J.

This is an action of assumpsit on an account annexed for brokers’ commissions and interest, amounting to $13,920, claimed to be due for the sale of two steamers, and is before the court on the plaintiffs’ exceptions to a ruling of the Justice of the Superior Court for Cumberland County granting defendant’s motion for a non suit. The account annexed to the writ follows:

The Trident Fisheries Co., Portland, Maine

To

John Darners And Company, New York City, Dr, Feb. 3, 1917 To commissions as broker upon the sale of the Steamer “East Hampton,” 5% of selling price ($125,000), as agreed..........,...…

2Cases cited7 opinions

  1. Jones v. United StatesSupreme Court of the United States · 1878
  2. Wiggins v. WilsonSupreme Court of Florida · 1908
  3. Condict v. . CowdreyNew York Court of Appeals · 1893
  4. Clark v. BonnerMassachusetts Supreme Judicial Court · 1914
  5. Jameson v. United States Farm Land Co.Court of Appeals for the Eighth Circuit · 1913

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Labbe v. CyrSupreme Judicial Court of Maine · 1954
  2. Snider v. New River Insurance & Realty Corp.Supreme Court of Virginia · 1948
  3. Chamberlain v. PorterSupreme Judicial Court of Maine · 1989
  4. Gerstian v. TibbettsSupreme Judicial Court of Maine · 1946
  5. MacVicar v. Western Asphalt Paving Corp.Supreme Court of Iowa · 1926

1 more not listed; retrieve them via the Exa API.

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