Moody v. Burton
Supreme Judicial Court of Maine
This was an action of trespass on the case against Burton,. Rice, Adams and Hardy. Whitman C. J. presiding at the trial, being of opinion,, that the plaintiff could not in law support this action, if the facts alleged were proved, directed a nonsuit. The plaintiff" filed exceptions. The facts are sufficiently stated at the commencement of the opinion of the Court.
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This was an action of trespass on the case against Burton,. Rice, Adams and Hardy. Whitman C. J. presiding at the trial, being of opinion,, that the plaintiff could not in law support this action, if the facts alleged were proved, directed a nonsuit. The plaintiff" filed exceptions. The facts are sufficiently stated at the commencement of the opinion of the Court. In October, 1847, full written arguments were sent to the Court, it having been agreed at the June Term preceding,, that the case should be argued in writing, by In the arguments for the plaintiff, it was contended, that the…
1Opinion of the Court
The opinion of the Court was drawn up by
Siiepley J.
This is an action on the case. The material facts stated in several counts, in the declaration are, that Burton being insolvent, entered into partnership with Rice, and that Burton and Rice, on November 13, 1843, made a conveyance in mortgage of certain personal property named, to Adams *432and Hardy. That property, of the value of $25,000, was conveyed to secure a debt of $3500, alleged to be due to them. That the property was greatly undervalued. That it was to be forfeited to the mortgagees on failure of payment of the $3,500, on the fifteenth…
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