Jordan v. Young
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Shepley, C. J., presiding. Assumpsit on account annexed to tbe writ for $14,33; the ad damnum being laid at $20,00. Upon that writ a schooner was attached, the property of the defendant, which was receipted for to the officer by the firm composed of Charles E. Sawyer and Levi Sawyer. The receipt was signed in the co-partnership name, and wast accepted by the plaintiff, as satisfactory security.
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On Exceptions from Nisi Prius, Shepley, C. J., presiding. Assumpsit on account annexed to tbe writ for $14,33; the ad damnum being laid at $20,00. Upon that writ a schooner was attached, the property of the defendant, which was receipted for to the officer by the firm composed of Charles E. Sawyer and Levi Sawyer. The receipt was signed in the co-partnership name, and wast accepted by the plaintiff, as satisfactory security. The plaintiff having closed his testimony, the defendant called said Charles E. Sawyer and Levi Sawyer, as witnesses. They were objected to on the ground of interest, as…
1Opinion of the CourtWells, J.
— It is contended by the plaintiff, that the interest of Levi Sawyer and Charles E. Sawyer, who were *279r'eceiptefs in their co-partnership name for the property attached in the suit, and who were introduced as witnesses by the defendant, was not removed by the deposit with one of them for the benefit of both of a sum of money equal to the damages demanded in the writ. It does not appear, that they were liable as receipters for any greater sum, nor is it contended that they were, hut it is insisted, that the act of the attorney was unauthorized. The cases cited show, that whore money is placed…
2Cited by2 opinions
- Mayor of Mobile v. BaldwinSupreme Court of Alabama · 1876
- Oldman-Magee Boiler Works, Inc. v. Ocean & Inland Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1924