Gushee v. Robinson
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Tenney, J., presiding. Trover, for a mare. On the 17th of June, 1852, the plaintiff and William H. Haskell gave the following note: — “Eor value received, we jointly and severally promise to pay John Kiff, 2d., or order, the sum of forty-two dollars, in five months from date, with interest, it being part pay for a red mare, six years old, said mare to be holden to J. S. Gushee, (the plaintiff,) for the amount that he may pay for the same.”
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On Exceptions from Nisi Prius, Tenney, J., presiding. Trover, for a mare. On the 17th of June, 1852, the plaintiff and William H. Haskell gave the following note: — “Eor value received, we jointly and severally promise to pay John Kiff, 2d., or order, the sum of forty-two dollars, in five months from date, with interest, it being part pay for a red mare, six years old, said mare to be holden to J. S. Gushee, (the plaintiff,) for the amount that he may pay for the same.” Defendant exchanged his horse for the mare bought of Kiff, with Haskell, and the question was as to his authority to sell…
1Opinion of the CourtAppleton, J.
The issue before the jury in this case was whether the horse, for the alleged conversion of which this action was brought, had been sold by John Kiff, 2d, to the plaintiff, or to one William H. Haskell, through whom the defendant derived his title.
In the course of the trial, the note given for the horse in dispute was read in evidence and was of the following tenor:
“Appleton, 1852, 5th month, IT.
“For value received, we jointly and severally promise to pay John Kiff, 2d, or order, the sum of forty-two dollars' in five months from date, with interest, it being part pay for a red mare, six years…
2Cited by1 opinion
- Kendrick v. BeardMichigan Supreme Court · 1890