City of Portland v. Atlantic & St. Lawrence Railroad
Supreme Judicial Court of Maine
On exceptions. Debt, for that whereas the said railroad company on the twen-j ty-ninth day of May, A. D. 1873, at said Portland, was indebted to said plaintiff in the sum of two hundred and seventy-seven dollars and forty-eight cents, according to the account annexed, to be paid to the said plaintiff by the said railroad company, on request, which sum remaining unpaid by the said railroad company, an action hath accrued to the plaintiff to demand and recover of said railroad…
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On exceptions. Debt, for that whereas the said railroad company on the twen-j ty-ninth day of May, A. D. 1873, at said Portland, was indebted to said plaintiff in the sum of two hundred and seventy-seven dollars and forty-eight cents, according to the account annexed, to be paid to the said plaintiff by the said railroad company, on request, which sum remaining unpaid by the said railroad company, an action hath accrued to the plaintiff to demand and recover of said railroad company the said sum : Atlantic & St Lawrence Bail-road Company, to City of Portland, Dr. To amount paid on judgment…
1Opinion of the CourtBarrows, J.
On demurrer. The writ contains a count in debt, alleging an indebtment in a sum certain according to an account annexed which states the origin of the claim and specifies the amount as having been paid on a judgment recovered against the plaintiffs by one Josselyn for damages occasioned by a defective railroad crossing, owned and occupied by the defendants and constituting a part of Commercial street in said city.
A second count alleges an indebtment in another sum for the various matters and things commonly included in a general count in assumpsit, among which we find claims for money paid by…
2Cited by5 opinions
- County of Alameda v. Southern Pacific Co.California Supreme Court · 1961
- Pennsylvania Steel Co. v. Washington & Berkeley Bridge Co.District Court, N.D. West Virginia · 1912
- City of Bloomington v. Chicago, Indianapolis & Louisville Railway Co.Indiana Court of Appeals · 1912
- Foster v. FosterSupreme Court of New Hampshire · 1882
- County of Alameda v. Southern Pacific Co.California Supreme Court · 1961