Newhall v. Vargas
Supreme Judicial Court of Maine
The two actions pending between these parties, arose out of the same transaction, and they will be treated as one. But as the parties agreed on distinct and separate statements, the abstract of the facts will be given in the same mode. Newhall & al. Ad’mrs vs. Vabgas.
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The two actions pending between these parties, arose out of the same transaction, and they will be treated as one. But as the parties agreed on distinct and separate statements, the abstract of the facts will be given in the same mode. Newhall & al. Ad’mrs vs. Vabgas. This was an action of assumpsit, by the plaintiffs, administrators of Samuel Winter, to recover of the defendant, a certain sum of money, amounting to $414, received by the defendant, of Hernandez & Co., on account of Winter; also the net proceeds of a* cargo of lumber shipped by Winter on board the Barque William Smith, and…
1Opinion of the Court
The case was continued for advisement, and the opinion of the Court afterwards drawn up by
Shepley J.
The rights of the parties in these two cases, arise out of the same transactions, and must be governed by the same rules, and they will be considered together. Jf the principles upon which stoppage in transitu is exercised can be ascertained, it will not be difficult to apply them to the different incidents, which *318have arisen out of the transactions between Vargas and the intestate, and his legal representatives. It must be admitted, that there are to be found in the decided cases, expressions…
2Cases cited1 opinion
- The St. Joze IndianoSupreme Court of the United States · 1816
3Cited by4 opinions
- Conrad v. FisherMissouri Court of Appeals · 1889
- Patten's AppealSupreme Court of Pennsylvania · 1863
- Murrell v. WhitingSupreme Court of Alabama · 1858
- Shaw v. Lady Ensley Coal, Iron & RailroadIllinois Supreme Court · 1893