Smith v. Tilton
Supreme Judicial Court of Maine
Action of assumpsit to recover of defendant the sum of six hundred dollars paid by plaintiff to defendant. Plaintiff filed bill of specifications, in which she alleged certain fraudulent representations upon which ’she based the right to recover the money so paid to defendant.
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Action of assumpsit to recover of defendant the sum of six hundred dollars paid by plaintiff to defendant. Plaintiff filed bill of specifications, in which she alleged certain fraudulent representations upon which ’she based the right to recover the money so paid to defendant. Defendant filed plea of general issue, and also a brief statement “That the plaintiff, Martha W. Smith, in order to obtain a home which she preferred, gave the six hundred dollars mentioned in her writ and declaration, to her son Harry P. Smith, to enable him to purchase a farm of the defendant, upon which the…
1Opinion of the CourtPhilbrook, J.
Action for money had and received.
The plaintiff is the widow of Prescott A. Smith, who died testate. By the terms of his will all his personal property was bequeathed to his widow, “the same to be hers absolutely,” as the will states. She was also devisee of a life estate in all his real property, with the power to sell and dispose of the same, or any part thereof, if necessary for her comfortable support and maintenance. After her decease, if there had been no disposal as above provided for, the use, income and occupation of the home farm were devised to the only child of the testator, Harry…
2Cases cited7 opinions
- Hinote v. BrigmanSupreme Court of Florida · 1902
- Terry v. ShivelyIndiana Supreme Court · 1878
- Glass v. GelvinSupreme Court of Missouri · 1883
- Walter v. ParrySupreme Court of Florida · 1906
- Conlin v. San Francisco & San Jose RailroadCalifornia Supreme Court · 1868
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