Robbins Cordage Co. v. Brewer
Supreme Judicial Court of Maine
On Report. Assumpsit for money had and received, as provided by statute, ‘upon an account against the estate of John M. M. Brewer, presented to the commissioners of insolvency on said estate, and by them rejected.
Read the full summary
On Report. Assumpsit for money had and received, as provided by statute, ‘upon an account against the estate of John M. M. Brewer, presented to the commissioners of insolvency on said estate, and by them rejected. The defendant, in her specifications- of defence, denied that the appeal from the report of the commissioners had been taken in season, and relied upon a settlement of the account by Brewer in his lifetime, alleging that the plaintiffs’ claim was for interest only, and, therefore, this action could not be maintained. The evidence in relation to the appeal is stated in the opinion.…
1Opinion of the Court
The opinion of the Court was drawn up by
Kent, J.
The first question raised is whether the appeal was taken in season, from the decision of the commissioners appointed by the Judge of Probate. The report was dated April 4, 1859, and was approved by the Judge of Probate, at a Court held May 3d, and this appeal was taken May 6th. The commission, under which the commissioners acted, expired by limitation on April 4th, the day the report bears date. There is some question made as to the exact day that the report was left at the probate office, with the register. There seems to be but little, if…
2Cases cited3 opinions
- Fake v. Addy'sCourt for the Trial of Impeachments and Correction of Errors · 1835
- Johnston v. BrannanNew York Supreme Court · 1810
- Hodges v. ThacherSupreme Court of Vermont · 1851
3Cited by2 opinions
- Thomas v. Cincinnati, N. O. & T. P. Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1897
- Eames v. CushmanMassachusetts Supreme Judicial Court · 1883