Homans v. Lambard
Supreme Judicial Court of Maine
Assumpsit for two parcels of hemlock timber, delivered in July, 1838. It appeared that the timber in question, went to the use of the Kennebec Dam Company, Daniel Williams being at that time their treasurer, Amasa Hewins their agent for the purchase of timber, and the defendant their agent for hiring, directing and paying laborers. It appeared, that what was called dam paper, was written evidence of debt against the company, signed by their treasurer.
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Assumpsit for two parcels of hemlock timber, delivered in July, 1838. It appeared that the timber in question, went to the use of the Kennebec Dam Company, Daniel Williams being at that time their treasurer, Amasa Hewins their agent for the purchase of timber, and the defendant their agent for hiring, directing and paying laborers. It appeared, that what was called dam paper, was written evidence of debt against the company, signed by their treasurer. For the plaintiff, Amasa Hewins testified, that being at the time agent of the company for the purchase of timber, early in July, 1838, he…
1Opinion of the Court
The opinion of the Court was afterwards prepared by
Tenney J.
— The timber, the value of which is claimed in this action, unquestionably went to the use of the Kennebec Dam Company, but the promise attempted to be enforced, is alleged to have been original and not collateral; and such the jury have found it to be. The verdict is attempted to be set aside on the ground of misdirection of the Judge in matter of law. He instructed the jury, “ that if they were satisfied the timber was furnished on the credit of the defendant, and *313not on the credit of the dam company, the promise, was original and…
2Cited by1 opinion
- Clealand v. WalkerSupreme Court of Alabama · 1847