Todd v. Tobey
Supreme Judicial Court of Maine
This was an action of indebitatus assumpsit, and came before the Court on a statement of facts. The action was to recover a balance of account of $55,07. Of the bill of particulars filed embracing plaintiff’s whole account of $112,63, there was one item : “ cash paid S. H. Hitchings, Esq. $57,88.” In March, 1845, about two years before the commencement of this action, the defendant employed one Hamilton to do some business for him, and requested him to settle his account…
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This was an action of indebitatus assumpsit, and came before the Court on a statement of facts. The action was to recover a balance of account of $55,07. Of the bill of particulars filed embracing plaintiff’s whole account of $112,63, there was one item : “ cash paid S. H. Hitchings, Esq. $57,88.” In March, 1845, about two years before the commencement of this action, the defendant employed one Hamilton to do some business for him, and requested him to settle his account with the plaintiff. Hamilton then went as the agent of defendant to settle with Todd, taking with him defendant’s account…
1Opinion of the Court
The opinion of the Court, Shepley and Wells, Justices, concurring in the result, was given by
Tenney, J.
Goods were purchased by Haycock of Hale, on the strength of a letter of credit signed by the plaintiff, R. M. Todd and others, which we understand, from the statement of facts, made them liable. The defendant afterwards consulted R. M. Todd upon the subject of making the purchase of *223Haycock’s stock, and soon after informed him, that he had made it, and had assumed to pay the debt due Hale, on that letter of credit. Subsequently these guarantors were called upon by Hale to pay the debt, and…
2Cases cited3 opinions
- Leonard v. VredenburghNew York Supreme Court · 1811
- Goodridge v. LordMassachusetts Supreme Judicial Court · 1813
- Heard v. BradfordMassachusetts Supreme Judicial Court · 1808
3Cited by4 opinions
- Allen v. TraylorCourt of Appeals of Texas · 1915
- Sonstiby v. KeeleyU.S. Circuit Court for the District of Minnesota · 1880
- Sonstiby v. KeeleyDistrict Court, D. Minnesota · 1882
- Robinson v. GilmanSupreme Court of New Hampshire · 1862