Mayo v. Leighton
Supreme Judicial Court of Maine
On motion and exceptions by plaintiff. Assumpsit. Plaintiff alleged that she placed in the hands of the defendant, a real estate broker and investor of money on real estate security, $2,000 to be loaned to one McDonnell on a first mortgage of certain real estate in Portland, and that the contract made by the defendant with her was broken by the defendant and that she had suffered damage thereby. Plea, the general issue with a brief statement of accord and satisfaction.
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On motion and exceptions by plaintiff. Assumpsit. Plaintiff alleged that she placed in the hands of the defendant, a real estate broker and investor of money on real estate security, $2,000 to be loaned to one McDonnell on a first mortgage of certain real estate in Portland, and that the contract made by the defendant with her was broken by the defendant and that she had suffered damage thereby. Plea, the general issue with a brief statement of accord and satisfaction. Tried at the April term, 1905, of the Supreme Judicial Court, Cumberland County. Verdict for defendant. Plaintiff then filed…
1Opinion of the CourtPowers, J.
Exceptions and motion for new trial by plaintiff.
This is an action of assumpsit. The first count in the writ sets out in substance that the plaintiff at the request of the defendant, who was a real estate broker and investor of money on real estate security, placed in the defendant’s hands two thousand dollars to be loaned to one McDonnell on a first mortgage in Portland; that the defendant “in consideration thereof then and there promised the plaintiff to loan said money for her accordingly, and that before loaning and delivering said two thousand dollars to said McDonnell, he would see that…
2Cited by2 opinions
- Redman v. WoodsCourt of Appeals of Georgia · 1931
- Rose v. American Paper Co.Supreme Court of New Jersey · 1912