Hinkley v. Fowler
Supreme Judicial Court of Maine
The action was assumpsit for money had and received, and the plantiffs were Noah Hinkley and George Jewett. In the very long report of the case, and voluminous papers attached to it, it appears, that on the trial before Emeiiy J., the plaintiffs offered in evidence a paper under the bands and seals of the defendant and Luther Jewett, of which the following is a copy.
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The action was assumpsit for money had and received, and the plantiffs were Noah Hinkley and George Jewett. In the very long report of the case, and voluminous papers attached to it, it appears, that on the trial before Emeiiy J., the plaintiffs offered in evidence a paper under the bands and seals of the defendant and Luther Jewett, of which the following is a copy. “ Whereas Williams Fowler has a bond from John Bradley of about 17,000 acres of land for two dollars per acre, and whereas liuther Jewett has a bond of about 13,000 acres of land from the Messrs. Perleys and Richard Davis, at one…
1Opinion of the Court
After a continuance for advisement, the opinion of the Court was drawn up by
Shepley J.
Several objections were made at the trial to the right of the plaintiffs to maintain this action, and to the proceedings at the trial; three of which only are insisted upon in argument. The first denies their right to maintain an action for money had and received, because their rights, if any they have, are secured to them by deed.
It is never the duty, nor should it be the design of the Court to endeavor to support a particular form of action contrary to well *289established rules of law. It would introduce…
2Cases cited3 opinions
- Felton v. DickinsonMassachusetts Supreme Judicial Court · 1813
- How v. HowSuperior Court of New Hampshire · 1817
- Richards v. KillamMassachusetts Supreme Judicial Court · 1813
3Cited by8 opinions
- Forbes v. Wells Beach Casino, Inc.Supreme Judicial Court of Maine · 1973
- Fairchild v. North-Eastern Mutual Life Ass'nSupreme Court of Vermont · 1879
- Hardy v. BlazerIndiana Supreme Court · 1867
- Burton Lumber Co. v. WilderSupreme Court of Alabama · 1895
- Equitable Life Assurance Society of United States v. SmithAppellate Court of Illinois · 1888
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