Look v. Norton
Supreme Judicial Court of Maine
On Exceptions and Motion by Plaintiee. This was an action of trover for the conversion of a quantity of apples and grass, cut by the defendant on the Coughlin farm in New Vineyard in July 1893. The defendant pleaded the general issue. The fee of the farm since November 8th, 1890, had been in the plaintiff, Look, by warranty deed. Look resided in Starks, about eight miles distant from the Coughlin farm.
Read the full summary
On Exceptions and Motion by Plaintiee. This was an action of trover for the conversion of a quantity of apples and grass, cut by the defendant on the Coughlin farm in New Vineyard in July 1893. The defendant pleaded the general issue. The fee of the farm since November 8th, 1890, had been in the plaintiff, Look, by warranty deed. Look resided in Starks, about eight miles distant from the Coughlin farm. In November, 1890, Look gave one Orcut a bond for a deed of the Coughlin farm. There was no provision in the bond that Orcut should have possession, but he entered into possession of the farm…
1Opinion of the Court
Wiswell, O. J.
We do not think that the instruction of the presiding justice, relative to the doctrine of equitable estoppel, was called for by the facts of the case, or that the necessary elements of such an estoppel existed. But, even if the instruction was on that account erroneous, it does not follow that the exceptions should be sustained. It must also appear that the excepting party, the plaintiff in-this case, was prejudiced by the instruction complained of. In this case we do not think that the plaintiff was thereby prejudiced, because, in our opinion, the action was not maintainable,…
2Cited by4 opinions
- Reed v. Central Maine Power Co.Supreme Judicial Court of Maine · 1934
- Snipes v. Dexter Gin Co.New Mexico Supreme Court · 1941
- Goff v. FilesSupreme Judicial Court of Maine · 1934
- Stowe v. SaulDistrict Court, D. Alaska · 2021