City of Calais v. Whidden
Supreme Judicial Court of Maine
On report. Assumpsit, by writ dated August 17, 1871, declaring upon a count for money had and received, with a specification of the demand to be proved under it, as $1304.03, received of the State of Maine, as found due from the state to the city of Calais, less $15.58, leaving a balance of $1288.45 and interest thereon from its reception by the defendant due from him to said city.
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On report. Assumpsit, by writ dated August 17, 1871, declaring upon a count for money had and received, with a specification of the demand to be proved under it, as $1304.03, received of the State of Maine, as found due from the state to the city of Calais, less $15.58, leaving a balance of $1288.45 and interest thereon from its reception by the defendant due from him to said city. The defendant pleaded the general issue with a brief statement denying that the action was instituted by competent authority; alleging also that there was no demand made upon him for the money before the suit was…
1Opinion of the CourtAppleton, C. J.
The question presented for our determination is whether upon the evidence offered by the plaintiffs irrespective of that in the defence, they are entitled to recover.
The plaintiff town having claims against the state for reimbursement, the legislature by resolve authorized the same to be audited by the governor and council and an order to be drawn for the amount found due. The defendant, who was then the city solicitor of the plaintiff’s and their representative in the legisla*253ture, appeared before the auditing board to procure the allowance of the plaintiff’s claims. They were allowed to the…
2Cited by7 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Williamson v. JohnsonSupreme Court of Vermont · 1890
- Bates-Farley Savings Bank v. DismukesSupreme Court of Georgia · 1899
- Brooks v. Hinton State BankSupreme Court of Oklahoma · 1910
- Sterling v. RyanWisconsin Supreme Court · 1888
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