Legal Opinion

Chabot & Richard Co. v. Chabot

Supreme Judicial Court of Maine

Decided October 15, 1912PublishedCited by 20 opinions

On exceptions. This is an action for money had and teceived to recover 'back divers sums of money paid from the treasury of the plaintiff corporation, unlawfully and without authority. The plaintiff corporation, in 1908, was conducting a dry goods business in Lewiston. The defendant was president, treasurer, director and general manager of said corporation, and one Richard was clerk of the corporation, and also clerk in the store and manager of one of the departments.

Read the full summary

On exceptions. This is an action for money had and teceived to recover 'back divers sums of money paid from the treasury of the plaintiff corporation, unlawfully and without authority. The plaintiff corporation, in 1908, was conducting a dry goods business in Lewiston. The defendant was president, treasurer, director and general manager of said corporation, and one Richard was clerk of the corporation, and also clerk in the store and manager of one of the departments. In October, 1908, the defendant, without any formal vote of the corporation, or of the directors, raised his own salary and…

1Opinion of the CourtSavage, J.

Action for money had and received to recover back divers sums of money which the plaintiff, a corporation, alleges that the defendant, who was at one time its treasurer, paid out of its treasury, unlawfully and without any authority. The case was heard before the presiding Justice, without a jury, with the right of exceptions. Judgment was ordered for the defendant, and the plaintiff excepted.

In such a case, the findings of facts by the Justice hearing the case, if there is any evidence to support them, are conclusive, and exceptions do not lie. Treat v. Gilmore, 49 Maine, 34; Keen v. *405Jordan,…

2Cited by20 opinions

  1. Mitchell v. MitchellSupreme Judicial Court of Maine · 1940
  2. Harriman v. SpauldingSupreme Judicial Court of Maine · 1960
  3. In re Casco Bank & Trust Co.Supreme Judicial Court of Maine · 1960
  4. Church v. HarnitCourt of Appeals for the Sixth Circuit · 1929
  5. Jesse v. Four Wheel Drive Auto Co.Wisconsin Supreme Court · 1922

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API