Warren v. Walker
Supreme Judicial Court of Maine
Exceptjoks from the Western District Court, Goodenow J. presiding. On February 5, 1842, the plaintiffs brought their action on an account annexed to the writ for the rent of a certain mill for sawing lumber. With the general issue the statute of limitations was pleaded. The plaintiffs offered in evidence the account, at the foot of which was a note signed by H. C. Babb, and a memorandum signed by the defendant. A copy follows. “ Capt.
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Exceptjoks from the Western District Court, Goodenow J. presiding. On February 5, 1842, the plaintiffs brought their action on an account annexed to the writ for the rent of a certain mill for sawing lumber. With the general issue the statute of limitations was pleaded. The plaintiffs offered in evidence the account, at the foot of which was a note signed by H. C. Babb, and a memorandum signed by the defendant. A copy follows. “ Capt. Joseph Walker to J. & N. Warren and Benjamin Roberts, Dr. “ 1835, Dec. 9. To use of Crowfoot mill, so called, 'for sawing 62,388 feet of lumber, at 3s. per M. •…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
This is an action of assumpsit upon an account for services done and performed. The defendant, in the Court below, pleaded the general issue, and filed a brief statement, setting up the statute of limitations in defence. The plaintiff on the trial there produced a memorandum, subjoined to a bill of particulars of his account, in these words, “ Dec. 7, 1841, I hereby waive all defence, which I might otherwise make to the above bill by law, under and by virtue of any statute of limitations ; ” which was signed by the defendant ; and contended…
2Cited by15 opinions
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- Bellegarde Custom Kitchens v. LeavittSupreme Judicial Court of Maine · 1972
- Kennebunk, Kennebunkport & Wells Water District v. Maine Turnpike AuthoritySupreme Judicial Court of Maine · 1950
- Buffalo Pipe Line Co. v. N. Y., Lake Erie & Western R. R. Co.New York Supreme Court · 1880
- Monroe v. HerringtonMissouri Court of Appeals · 1905
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