Legal Opinion

Stimpson v. Inhabitants of Malden

Massachusetts Supreme Judicial Court

Decided January 15, 1872PublishedCited by 7 opinions

Contract. Writ dated May 6, 1870. The declaration alleged that the defendants owed |50 to Lewis B. Wilkinson as engineer of their steam fire engine; that Wilkinson assigned the claim to the plaintiff; and that the defendants approved the claim and promised to pay the plaintiff the amount thereof, but after-wards refused so to do.

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Contract. Writ dated May 6, 1870. The declaration alleged that the defendants owed |50 to Lewis B. Wilkinson as engineer of their steam fire engine; that Wilkinson assigned the claim to the plaintiff; and that the defendants approved the claim and promised to pay the plaintiff the amount thereof, but after-wards refused so to do. At the trial in the superior court, before Putnam, J., without a jury, it appeared that the defendants did owe $50 to Wilkinson for services for three months ending February 1,1870; that he assigned the claim to the plaintiff ; that the assignment was recorded, and…

1Opinion of the CourtChapman, C. J.

By the finding of the judge, it appears that there was due to Wilkinson from the defendants, for services for three months ending February 1, 1870, the sum of $50; that this claim was assigned to the plaintiff, and the assignment was recorded, and notice thereof given to the defendants ; and that a bill was made out by the plaintiff and presented to the proper officers of the town, who duly approved the same. The certificate of approval by the engineers bears date January 27, and that of the selectmen February 8. This approval authorized the finding that the defendants were liable to the…

2Cases cited1 opinion

  1. Wren v. Hynes' administratorCourt of Appeals of Kentucky · 1859

3Cited by7 opinions

  1. Hooker v. McLennanMassachusetts Supreme Judicial Court · 1920
  2. City of Fall River v. RileyMassachusetts Supreme Judicial Court · 1886
  3. Inhabitants of Arlington v. PeirceMassachusetts Supreme Judicial Court · 1877
  4. Harris v. DohertyMassachusetts Supreme Judicial Court · 1875
  5. Upper Blue Bench Irr. Dist. v. Continental Nat. Bank & Trust Co.Utah Supreme Court · 1937

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