Donnell v. G. G. Deering Co.
Supreme Judicial Court of Maine
Action of assumpsit under a count for money had and received to recover certain money claimed as due the plaintiffs. Defendant filed general issue and brief statement. Case reported to Law-Court for final determination upon so much of evidence as legally admissible. Case stated in opinion.
1Opinion of the CourtKing, J.
This action for money had and received comes up on report. The material facts are these:
William T. Donnell in his lifetime was the owner of 73-128ths of the schooner Alice M. Colburn, and on December i, 1905, he mortgaged 65-128ths of said schooner to the Lincoln National Bank of Bath, Maine, to secure $16,000. That mortgage was transferred to the First National Bank of Bath. Mr. Donnell, the mortgagor, acted as agent for the vessel until his death. He died in October, 1910, and the plaintiffs are the administrators of his estate. In the early part of March, 1911, the Colburn was materially…
2Cases cited3 opinions
- Vandewater v. MillsSupreme Court of the United States · 1857
- Wallace v. AdamsCourt of Appeals for the Eighth Circuit · 1906
- Gooding v. SheaMassachusetts Supreme Judicial Court · 1869
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- Motor Finance Co. v. NoyesSupreme Judicial Court of Maine · 1942
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