Holbrook v. Armstrong
Supreme Judicial Court of Maine
Tins was an action of assumpsit. The first count in the declaration was a general indebitatus assumpsit on account annexed, wherein the defendant was charged with the value of six cows.
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Tins was an action of assumpsit. The first count in the declaration was a general indebitatus assumpsit on account annexed, wherein the defendant was charged with the value of six cows. The second charged him with the cows as having been sold and delivered, and the third set forth a special contract, that in consideration that the plaintiff would permit the defendant to have and to receive to his own use the profits and increase of six cows on a certain farm in Freeport, for the term of two years, it was agreed between the plaintiff and defendant that, if at the end of said two years the said…
1Opinion of the Court
Parris J.
delivered the opinion of the Court, at the ensuing April term in this county, as follows : —
[After reciting the facts as above.] In the examination of the case, wc are to consider these facts as proved, and the question to be decided is, whether upon such proof, the plaintiff is entitled to recover upon either count in his declaration. It may be well to inquire in whom was the property in these cows subsequent to the agreement, supposing that to be valid and binding on the parties. Here was a lease or bailment of property, to be returned or accounted for in two years, upon a cer*34tain…
2Cases cited6 opinions
- Shute v. DorrNew York Supreme Court · 1830
- Keyes v. StoneMassachusetts Supreme Judicial Court · 1809
- Little v. MartinNew York Supreme Court · 1829
- Robertson v. LynchNew York Supreme Court · 1821
- Gary v. HullNew York Supreme Court · 1814
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Reed & McCormick v. GoldSupreme Court of Virginia · 1903
- Kendall v. GarneauNebraska Supreme Court · 1898
- Trimount Coin MacHine Co. v. JohnsonSupreme Judicial Court of Maine · 1956
- Paris Utility District v. A.C. Lawrence Leather Co.District Court, D. Maine · 1987
- William Frantz & Co. v. FinkSupreme Court of Louisiana · 1909
4 more not listed; retrieve them via the Exa API.