Allen v. McKean
United States Circuit Court
[At law. Action of assumpsit by William Allen against Joseph McKean. Verdict for defendant, taken subject to opinion of the court, set aside, and verdict for plaintiff entered.] This was an action of assumpsit for money had and received, brought by the plaintiff, who claimed to be president of Bowdoin College, against the defendant, who was treasurer of the college, for the recovery of the salary and perquisites of the office of president of the college.
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[At law. Action of assumpsit by William Allen against Joseph McKean. Verdict for defendant, taken subject to opinion of the court, set aside, and verdict for plaintiff entered.] This was an action of assumpsit for money had and received, brought by the plaintiff, who claimed to be president of Bowdoin College, against the defendant, who was treasurer of the college, for the recovery of the salary and perquisites of the office of president of the college. The following is an outline of the material facts of the case. Bowdoin College was established in Brunswick, in the present state of Maine,…
1Opinion of the Court
STORY, Circuit Justice.
This cause- has been argued with a degree of learning and ability proportionate to its importance. I have taken time to consider it, and propose now to deliver the judgment, which, upon mature deliberation, I feel bound to adopt.
Two questions have been made at the bar. First, whether the present action is maintainable against the defendant, as treasurer, supposing the plaintiff still to be rightfully in office. Secondly, whether the plaintiff is rightfully in office, notwithstanding the act of 1831, and the proceedings of the board thereupon; so that he is entitled to…
2Cases cited1 opinion
- Hearsey v. PruynNew York Supreme Court · 1810
3Cited by18 opinions
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- State ex rel. College of Bishops of M. E. Church v. Board of Trust of Vanderbilt UniversityTennessee Supreme Court · 1913
- State v. NoyesSupreme Judicial Court of Maine · 1859
- Lothrop v. StedmanSupreme Court of Connecticut · 1875
- Samuel & Jessie Kenney Presbyterian Home v. StateWashington Supreme Court · 1933
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