Clark v. Heath
Supreme Judicial Court of Maine
On exceptions by defendant. Assumpsit on account annexed for two cows. Writ dated March 15, 1906. Plea, the general issue and a brief statement.
Read the full summary
On exceptions by defendant. Assumpsit on account annexed for two cows. Writ dated March 15, 1906. Plea, the general issue and a brief statement. The only statement of the case is found in the defendant’s brief statement which is as follows: “And for brief statement defendant further says, “that on May 13, 1905, the plaintiff was the owner of two cows which, subsequently came into the possession of the defendant and on the 12th day of July A. D. 1905 the plaintiff claimed to have two causes of action against this defendant for the value of said two cows sued for in his pending action, one an…
1Opinion of the CourtPeabody, J.
This is an action of assumpsit for two cows of the value of $45.00, and comes before the court on exceptions.
The defendant pleaded the general issue with a brief statement admitting that the cows came into his possession, and alleging a prior judgment for the defendant in trover based upon the same cause of *532action. It was claimed on behalf of the defendant that the plaintiff, having full knowledge of the facts and having his election between an action of trover and an action of assumpsit, cannot after judgment in trover proceed in assumpsit. The court ruled that the action could be…
2Cases cited3 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- McNutt v. HilkinsNew York Supreme Court · 1894
- Sullivan v. Ross' EstateMichigan Supreme Court · 1898
3Cited by15 opinions
- United States v. Oregon Lumber Co.Supreme Court of the United States · 1922
- Schenck v. . State Line Telephone Co.New York Court of Appeals · 1924
- Henderson Tire & Rubber Co. v. GregoryCourt of Appeals for the Eighth Circuit · 1926
- Oregon Mill & Grain Co. v. HydeOregon Supreme Court · 1918
- Geo. A. Hormel Company v. First National BankSupreme Court of Minnesota · 1927
10 more not listed; retrieve them via the Exa API.