Ash v. McLellan
Supreme Judicial Court of Maine
On exceptions by plaintiff. Money had and received to recover back money paid by the plaintiffs to the defendant. Previous to this action, the plaintiffs were sureties on a “poor debtor’s” bond, dated August 30, 1902, given ,by one George JR. Robinson, a judgment debtor, who had been arrested on execution, and on the 20th day of June, 1903, they, as sureties on said bond, paid to the defendant, who was then the legal owner of the judgment on which the execution was issued,…
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On exceptions by plaintiff. Money had and received to recover back money paid by the plaintiffs to the defendant. Previous to this action, the plaintiffs were sureties on a “poor debtor’s” bond, dated August 30, 1902, given ,by one George JR. Robinson, a judgment debtor, who had been arrested on execution, and on the 20th day of June, 1903, they, as sureties on said bond, paid to the defendant, who was then the legal owner of the judgment on which the execution was issued, Si90 in settlement of bond and execution, September 29th, 1903, the plain-' tiffs demanded of the defendant the return of…
1Opinion of the CourtStrout, J.
Carter recovered a judgment against George R. Robinson. This judgment -was duly assigned to the defendant McLellan, who became its legal owner. McLellan sued the judgment and recovered a new judgment in Carter’s name for one hundred and for.ty-five dollars and eighty-two cents ($145.82) debt and nine dollars and ninety-three cents ($9.93) costs at the April Term S. J. C. 1896. Upon an execution upon this judgment, dated August 30, 1902, McLellan caused the debtor Robinson to be arrested, and the debtor gave bond to take the poor debtor’s oath as provided by statute. The plaintiffs were…
2Cases cited3 opinions
- Harner v. PriceWest Virginia Supreme Court · 1880
- Simmons v. LooneyWest Virginia Supreme Court · 1896
- Stevens v. HeadSupreme Court of Vermont · 1837
3Cited by1 opinion
- Atlanta Telephone & Telegraph Co. v. FainCourt of Appeals of Georgia · 1915