Pray v. Mitchell
Supreme Judicial Court of Maine
On motion to set aside a verdict as being against law and the weight of evidence. Assumpsit. For that the said defendant at said Gardiner, to wit, at said Augusta, on the day of the purchase of this writ, being indebted to the plaintiff in the sum of five thousand and five hundred dollars, according to the account annexed, then and there in consideration thereof, promised the said plaintiff to pay him that sum on demand.
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On motion to set aside a verdict as being against law and the weight of evidence. Assumpsit. For that the said defendant at said Gardiner, to wit, at said Augusta, on the day of the purchase of this writ, being indebted to the plaintiff in the sum of five thousand and five hundred dollars, according to the account annexed, then and there in consideration thereof, promised the said plaintiff to pay him that sum on demand. Also, for that the said Mitchell, at said Augusta, on' the day of the date of this writ being indebted to the plaintiff in the sum of five thousand and five hundred dollars…
1Opinion of the CourtWalton, J.
This is an action of assumpsit. The plaintiff has obtained a verdict for $4,450.74. The defendant moves to have-the verdict set aside upon the ground that it is against law andi against evidence. The question is, whether the verdict can be' allowed to stand. We think it cannot. We fail to perceive any ground upon which it can be sustained. Certainly it cannot upon’ the ground that the plaintiff was a member of the firm of N. O. Mitchell & Co. That firm was created by written articles of agreement. The names of its members are not only signed at the bottom of the agreement, but they are…
2Cases cited1 opinion
- North v. ForestSupreme Court of Connecticut · 1843
3Cited by8 opinions
- Zamore v. WhittenSupreme Judicial Court of Maine · 1978
- Banta v. City of ChicagoIllinois Supreme Court · 1898
- Ansley v. HightowerSupreme Court of Georgia · 1904
- Illinois-Indiana Fair Ass'n v. PhillipsIllinois Supreme Court · 1927
- Sprague v. HosieMichigan Supreme Court · 1908
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