Burbank v. Gould
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Perham J. presiding. Assumpsit for money had and received. To support his action, the plaintiff offered to prove by witnesses and by the deeds, that February 19, 1836, he made a deed of certain land to the defendant, for the consideration of $550. For part of this consideration, $363, the defendant gave his note to the plaintiff with a mortgage of the same premises, and promised to pay the balance, $187, forthwith to one Wiggin, and…
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Exceptions from the Court of Common Pleas, Perham J. presiding. Assumpsit for money had and received. To support his action, the plaintiff offered to prove by witnesses and by the deeds, that February 19, 1836, he made a deed of certain land to the defendant, for the consideration of $550. For part of this consideration, $363, the defendant gave his note to the plaintiff with a mortgage of the same premises, and promised to pay the balance, $187, forthwith to one Wiggin, and take up a note of the plaintiff’s to Wiggin for that sum, secured by a mortgage of the premises conveyed ; that the…
1Opinion of the Court
After a continuance, for advisement, the opinion of the Court was drawn up by
Westok C. J.
If the plaintiff, after receiving the consideration for which he sold his land, had left a portion of it to pay the amount due on the mortgage to Wiggin, and the defendant had received it, promising to pay it over, he would have been liable upon his promise, and in proving the consideration, there would have been nothing inconsistent with the deed. Such being the arrangement, contemplated by the parties for their mutual accommodation, if they chose to consider it as done, without the formality of a…
2Cited by4 opinions
- Becker v. KnudsonWisconsin Supreme Court · 1893
- Hall v. McNallyUtah Supreme Court · 1901
- Laderoute v. ChaleNorth Dakota Supreme Court · 1900
- Maicas v. LeonyCity of New York Municipal Court · 1889