Drew v. Drew
Supreme Judicial Court of Maine
On Facts agreed. Assumpsit. The writ bears date on March 3, 1853, and contains two counts, one on a memorandum made by defendant, and the other for money had and received. The defendant sold to plaintiff, on July 9, 1847, a promissory note of the following tenor: — “North Yarmouth, Nov. 8, 1845. — One hundred and fifty-three days after date, I promise to pay Geo.
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On Facts agreed. Assumpsit. The writ bears date on March 3, 1853, and contains two counts, one on a memorandum made by defendant, and the other for money had and received. The defendant sold to plaintiff, on July 9, 1847, a promissory note of the following tenor: — “North Yarmouth, Nov. 8, 1845. — One hundred and fifty-three days after date, I promise to pay Geo. E. Drew or order, the sum of two hundred forty-seven xV Haynes left his home in this State within a year after the note was given and has never returned. He went from this State to New York, where he remained until 1850, when, in…
1Opinion of the CourtRice, J.
— Contracts should be construed according to the intention of the parties so far as practicable, without a violation of legal principles. When «technical words, or terms of art are used, they should be construed according to their received technical meaning, unless it is manifest that they are used by the parties in’ a different sense.
The word outlaw has a distinct technical signification, and when used in that sense refers to persons, and not to things. Thus, an outlaw is one who is put out of the law; that is, deprived of its benefits and protection. In earlier times he was called a…
2Cases cited1 opinion
- In re WrigleyCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by16 opinions
- Crossett v. St. Louis Fire and Marine Insurance Co.Supreme Court of Alabama · 1972
- State Farm Mutual Automobile Insurance v. HannaSupreme Court of Alabama · 1964
- Patten v. MilamSupreme Judicial Court of Maine · 1984
- Alabama Farm Bureau Mutual Casualty Insurance v. PrestonSupreme Court of Alabama · 1971
- Mathis v. Employers' Fire Ins. Co.Supreme Court of Alabama · 1981
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