Very v. McHenry
Supreme Judicial Court of Maine
This was an action of assumpsit. And it came before the Court, upon a statement of facts, from which it appeared that the plaintiff was a citizen of this State, and performed labor for one Duncan Barber, upon his mills situated in the British Province of New Brunswick.
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This was an action of assumpsit. And it came before the Court, upon a statement of facts, from which it appeared that the plaintiff was a citizen of this State, and performed labor for one Duncan Barber, upon his mills situated in the British Province of New Brunswick. Toward the close of the same year in which the services were performed, Barber finding himself in failing circumstances, executed for the benefit of his creditors a judgment bond in favor of the defendant, a citizen of New Brunswick. The creditors were named in the bond, and the plaintiff was one of them. Execution upon the…
1Opinion of the CourtTenney, J.
In 1839, the plaintiff, a citizen of this State, performed labor in the British Province of New Brunswick, for Duncan Barber, who resided there. No special agreement between them being shown, the promise of Barber to make payment was implied ; and he was bound to fulfil that promise on the performance of the service by the plaintiff. The liability of the defendant, if any existed, resulted from the receipt of means, from Barber, for the purpose of paying the plaintiff’s and others’ claims. The transaction which created this supposed liability, took place in the Province of New Brunswick, and…
2Cases cited7 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- Lanusse v. BarkerSupreme Court of the United States · 1818
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brady v. McGeheeTennessee Supreme Court · 1860
- Robinson v. GilmanSupreme Court of New Hampshire · 1862