Burnham v. Heselton
Supreme Judicial Court of Maine
On exceptions from the superior court. This was an action of assumpsit to recover from the defendant, a counselor and attorney, money which lie had collected on a promissory note and which appeared, at one time, to belong to the plaintiff. It had been left with the defendant for collection.
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On exceptions from the superior court. This was an action of assumpsit to recover from the defendant, a counselor and attorney, money which lie had collected on a promissory note and which appeared, at one time, to belong to the plaintiff. It had been left with the defendant for collection. On May 26, 1888, the parties made the following agreement: — - “Said Heselton agrees for consideration hereafter mentioned to endeavor to collect a note duo said Burnham from the Burnham Shutter Worker Co., of Brockton, Mass., to pay all expenses incurred in collecting and to pay said Burnham seventy-five…
1Opinion of the CourtEmeby, J.
The plaintiff held a note of $250 against the Burn-ham Shutter Worker Company, which on the 23d day of March 1888, he committed to the defendant, an attorney at law, for collection. The defendant ascertained that one Stone had for a consideration assumed and agreed to pay all the company’s debts, and that Stone was amply able financially, and entirely willing to pay this note on presentation. After ascertaining these facts, the defendant, on the 26th day of May 1888, made an agreement in writing with the plaintiff, by which the defendant was to collect what he could of the note at his own…
2Cases cited2 opinions
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- Gerrish v. ChambersSupreme Judicial Court of Maine · 1937
- Anderson v. ElliottSupreme Judicial Court of Maine · 1989
- Egan v. BurnightSouth Dakota Supreme Court · 1914
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