Portland & Harpswell Steamboat Co. v. Locke
Supreme Judicial Court of Maine
On demurrer to a bill in equity. Bill in equity by William H. Fessenden " delegated and authorized by said company to act for it in closing up its affairs.” The following are the averments of the bill considered in the opinion.
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On demurrer to a bill in equity. Bill in equity by William H. Fessenden " delegated and authorized by said company to act for it in closing up its affairs.” The following are the averments of the bill considered in the opinion. "And your orator avers, that thereupon, to wit: On the twenty-sixth day of July, A. D. eighteen hundred and seventy-seven, the said John S. Morris, in payment of the sum due in the premises from him to the said Portland and Harpswell Steamboat Company, delivered in hand and paid to the said Charles Sawyer, so as aforesaid authorized to receive the same, forty-five…
1Opinion of the CourtWalton, J.
We do not find it necessary to consider the technical objections made to the maintenance of this suit, for we are satisfied it cannot be maintained upon its merits. The bill states in substance that Charles Sawyer, at the time of his death, had on deposit in one of the banks in Portland, in his own name, and "upon his individual account,” $898.08 ; and that "said deposit included and covered” abalance of $559.35, held by said Sawyer in trust for the Portland and Harpswell Steamboat Company; and the prayer of the bill is that the defendant, as administrator upon said Sawyer’s estate, may be…
2Cited by5 opinions
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- In re MulliganDistrict Court, D. Massachusetts · 1902
- Ober & Sons Co. v. CochranSupreme Court of Georgia · 1903
- Cherry v. Territory of OklahomaSupreme Court of Oklahoma · 1906
- Richelieu Hotel Co. v. MillerAppellate Court of Illinois · 1893