Fiske v. Holmes
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Cutting, J., presiding. Assumpsit on an account annexed to the writ, which bears date April 12th, 1854. To prove their account the plaintiffs produce their book accounts supported by the suppletory oath of Eiske.
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On Exceptions from Nisi Prius, Cutting, J., presiding. Assumpsit on an account annexed to the writ, which bears date April 12th, 1854. To prove their account the plaintiffs produce their book accounts supported by the suppletory oath of Eiske. The amount charged against the defendants, and all the plaintiffs claimed of them, was $19,65, and this was posted upon the plaintiffs’ leger into a private account which plaintiffs had against one of the defendants, George M. Estabrooks, by mistake of the clerk of plaintiffs. There was about $70, in all, charged against said Estabrooks, of which this…
1Opinion of the CourtAppleton, J.
It seems that Davis R. Stockwell, having funds of these defendants in his hands, without their knowledge, at the instance of the plaintiffs, paid the same to them, with the understanding that they were to repay the same to him in the event of his being called on by the defendants therefor. The plaintiffs passed the amount received to the credit of• Estabrooks, one of the defendants, against whom they had a bill individually. When the fact of the payment was communicated to Estabrooks, he expressed dissatisfaction with what had been done, and claimed the money paid as belonging to him.
As…
2Cited by3 opinions
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- Davis v. School-DistrictSupreme Court of New Hampshire · 1860