Stewart v. Ticonic National Bank
Supreme Judicial Court of Maine
On report. Action of assumpsit upon an alleged written contract between the plaintiff and the defendant bank. The writ also contained a count for money had and received. Plea, the general issue. Also the defendant filed an account in set-off. Tried at the March term, 1906, Supreme Judicial Court, Somerset County. At the conclusion of the evidence, the case was reported to the Law Court for "such decision as the rights of the parties may require.”
Read the full summary
On report. Action of assumpsit upon an alleged written contract between the plaintiff and the defendant bank. The writ also contained a count for money had and received. Plea, the general issue. Also the defendant filed an account in set-off. Tried at the March term, 1906, Supreme Judicial Court, Somerset County. At the conclusion of the evidence, the case was reported to the Law Court for "such decision as the rights of the parties may require.” The case is stated in the opinion.
1Opinion of the CourtKing, J.
This case comes to the Law Court upon report. The facts from which it has arisen are as follows : The defendant bank, having a suit pending in the Supreme Judicial Court for Somerset County, against the estate of Napoleon B. Turner, at the September term, 1898, of said court, took a judgment and one execution for $2251.20 debt and $15.26 costs of suit against thegoods and estate of the testator. George K. Boutelle, president of the bank, acted as its attorney, and Mr. Stewart, the plaintiff in this suit, acted as attorney for the Turner estate. Certain real estate was seized on said execution…
2Cases cited3 opinions
- Hecht v. BatchellerMassachusetts Supreme Judicial Court · 1888
- Hoops v. FitzgeraldIllinois Supreme Court · 1903
- Bridgewater Iron Co. v. Enterprise InsuranceMassachusetts Supreme Judicial Court · 1883
3Cited by4 opinions
- Price v. Southern Home InsuranceSupreme Court of Florida · 1930
- Kennie v. City of Westbrook &/Or Nationwide Mutual InsuranceSupreme Judicial Court of Maine · 1969
- Poling v. NorthupSupreme Judicial Court of Maine · 1995
- Burggraff v. BaumSupreme Judicial Court of Maine · 1998