Johnson v. Eveleth
Supreme Judicial Court of Maine
On Kepobt. This was an action of trover brought by the plaintiff as assignee in insolvency of Edward Ware to recover the value of 7936 spruce logs of the value of $7812.54. The action came on for trial at the October term, 1898, of the supreme judicial court in Kennebec county; but after the testimony had been partly taken out it was, by agreement of counsel, reported to the law court to render such judgment, upon so much of the evidence as is admissible, as the rights of…
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On Kepobt. This was an action of trover brought by the plaintiff as assignee in insolvency of Edward Ware to recover the value of 7936 spruce logs of the value of $7812.54. The action came on for trial at the October term, 1898, of the supreme judicial court in Kennebec county; but after the testimony had been partly taken out it was, by agreement of counsel, reported to the law court to render such judgment, upon so much of the evidence as is admissible, as the rights of the parties require. The defendant pleaded the general issue with the following brief statement, of special matters of…
1Opinion of the CourtSavage, J.
This case comes up on report. We think the evidence shows the following facts: — On March 22, 1898, one Edward Ware entered into a contract of bargain and sale with the defendant for the purchase of about one million feet of logs, numbering 7663 sticks, then lying in Spencer Pond, above Moose-head lake. It was agreed that the logs should be delivered by the defendant “ over the dam,” at the East Outlet of Moosehead lake, into Kennebec waters. From that point they were to be driven down the Kennebec river by the Kennebec Log-Driving Company. Ware had booms in Fairfield and Winslow, and a mill…
2Cases cited7 opinions
- Mohr v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Aguirre v. ParmeleeSupreme Court of Connecticut · 1852
- Becker v. . HallgartenNew York Court of Appeals · 1881
- Buckley v. FurnissNew York Supreme Court · 1837
- Guilford v. SmithSupreme Court of Vermont · 1858
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3Cited by2 opinions
- In Re Murdock MacHine and Engineering Co. Of Utah, Bankrupt. Ramco Steel, Inc. v. Lindsey Kesler, Trustee, and United States of AmericaCourt of Appeals for the Tenth Circuit · 1980
- In re Arctic StoresDistrict Court, D. New Jersey · 1919