Lancaster v. Ames
Supreme Judicial Court of Maine
On exceptions and motion by defendant. Action of assumpsit brought in the Superior Court, Cumberland County. The declaration in the plaintiff’s writ, is as follows : “In a plea of the case, for that the said defendant, at said Portland on the thirteenth day of July 1903, agreed with the plaintiff, that if he, the said plaintiff, would put one hundred dollars (100) into a certain investment, he Ames, would give or make him a suit of clothes for his first years profits, or he…
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On exceptions and motion by defendant. Action of assumpsit brought in the Superior Court, Cumberland County. The declaration in the plaintiff’s writ, is as follows : “In a plea of the case, for that the said defendant, at said Portland on the thirteenth day of July 1903, agreed with the plaintiff, that if he, the said plaintiff, would put one hundred dollars (100) into a certain investment, he Ames, would give or make him a suit of clothes for his first years profits, or he would guarantee him the value of said suit of clothes at the end of the first year as a profit; that said defendant on…
1Opinion of the CourtSavage, J.
The plaintiff in his declaration alleged, among other things, that he let the defendant have one hundred dollars to invest, and that the defendant promised to account for or return the same at the end of one year, if so requested. Also, under the money counts in his writ, the plaintiff made the following specification : — "The plaintiff will prove the defendant accepted 100 on July 13th, 1903, for use of the plaintiff; and that he agreed to repay on (or) account for said sum at the end of one year, but has neglected so to do upon request, and that said money was accepted by the defendant to…
2Cases cited1 opinion
- State of Connecticut v. BradishMassachusetts Supreme Judicial Court · 1817
3Cited by5 opinions
- Barham v. Bank of DelightSupreme Court of Arkansas · 1910
- Chaplin v. SullivanCalifornia Court of Appeal · 1945
- Thayer v. SchleyAppellate Division of the Supreme Court of the State of New York · 1910
- Leunis Co. v. SingerSupreme Court of New Jersey · 1925
- People v. RosenbloomCalifornia Court of Appeal · 1931