Carney v. Averill
Supreme Judicial Court of Maine
On exceptions by defendant. This is an action of assumpsit to recover the sum of forty dollars paid by the plaintiffs to the defendant for the stumpage of hay sold in July, 1910. The defendant was trustee in bankruptcy of the estate of Clarence Scott, which consisted of a farm situate in the town of Greenbush, and also certain personal property.
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On exceptions by defendant. This is an action of assumpsit to recover the sum of forty dollars paid by the plaintiffs to the defendant for the stumpage of hay sold in July, 1910. The defendant was trustee in bankruptcy of the estate of Clarence Scott, which consisted of a farm situate in the town of Greenbush, and also certain personal property. This farm was mortgaged to W. S. Marshall for $400. Scott was adjudicated a bankrupt April 23, 1910, and was then in possession of the farm. The defendant qualified as trustee, and on June 6, 1910 was granted leave to sell the said farm and personal…
1Opinion of the CourtHanson, J.
This is an action of assumpsit to recover forty dollars paid by plaintiffs to the defendant for the stumpage of hay sold in July, 1910. There are two counts in the writ, one upon a special warranty, the other for money had and received.
The defendant was trustee in bankruptcy of the estate of Clarence Scott, which consisted of a farm of about two hundred acres located in the town of Greenbush, and also certain machinery and farming implements.
The property was mortgaged to W. S. Marshall for $400, and he was assignee of two other mortgages, all amounting to $1650.
Clarence Scott was adjudicated…
2Cited by9 opinions
- Smith v. FolsomSupreme Court of Georgia · 1940
- In Re SomeroUnited States Bankruptcy Court, D. Maine · 1991
- Drabant v. CureSupreme Court of Pennsylvania · 1924
- Hall v. McGeheeCourt of Appeals for the Fifth Circuit · 1930
- In Re DawleySupreme Court of Vermont · 1926
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