Rogers v. Portland & Brunswick Street Railway
Supreme Judicial Court of Maine
On motion and exceptions by defendant. Trover for the alleged conversion of 1800 loads or cubic yards of earth and gravel of the alleged value of $180. The action was brought and tried in the Superior Court for Cumberland County. Verdict for plaintiff for $127.16. Defendant took exceptions to the refusal of the presiding Justice to give certain requested instructions, and also filed a general motion for a new trial. The motion alone -was considered.
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On motion and exceptions by defendant. Trover for the alleged conversion of 1800 loads or cubic yards of earth and gravel of the alleged value of $180. The action was brought and tried in the Superior Court for Cumberland County. Verdict for plaintiff for $127.16. Defendant took exceptions to the refusal of the presiding Justice to give certain requested instructions, and also filed a general motion for a new trial. The motion alone -was considered. The case is fully stated in the opinion.
1Opinion of the CourtWiswell, C. J.
At the time of the transactions later referred to, the plaintiff' was in the possession of a farm in the town of Free-port, situated between Freeport Village and the town of Brunswick, the title to which came to him by devise from his father, subject to a mortgage given by the latter to the Topsham and Brunswick Twenty-five Cent. Savings Bank. On June 4, 1898, after the death of the plaintiff’s father, the bank commenced foreclosure of this mortgage by publication, the first publication being on that day, and on June 4,. 1899, the mortgage containing a one year foreclosure clause, it became…
2Cases cited4 opinions
- David v. ParkMassachusetts Supreme Judicial Court · 1870
- Robbins v. MooreIllinois Supreme Court · 1889
- Hill v. BlackwelderIllinois Supreme Court · 1885
- Cady v. OwenSupreme Court of Vermont · 1861
3Cited by21 opinions
- Mowry v. JacksonSupreme Court of Colorado · 1959
- Milliken v. BuswellSupreme Judicial Court of Maine · 1973
- Boston & Maine Railroad v. Hannaford Bros.Supreme Judicial Court of Maine · 1949
- La Luz Community Ditch Co. v. Town of AlamogordoNew Mexico Supreme Court · 1929
- Waterville Homes, Inc. v. Maine Department of TransportationSupreme Judicial Court of Maine · 1991
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