Fogg v. Hill
Supreme Judicial Court of Maine
Exceptions from the Eastern District Court, Chandler. J. presiding. Assumpsit on an account, annexed to the writ, charging one quarter’st rent of a store in Bangor, from April 1, 1839, to July 1, of the same year, $112,50,. with a count for use and occupation- of the same.
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Exceptions from the Eastern District Court, Chandler. J. presiding. Assumpsit on an account, annexed to the writ, charging one quarter’st rent of a store in Bangor, from April 1, 1839, to July 1, of the same year, $112,50,. with a count for use and occupation- of the same. At the term at which the action -was entered, the defendants offered in writing to be defaulted for the sum of $101,69, and the same was entered upon the record. • It was admitted, that the store was owned by one Hatch; and the plaintiffs introduced in evidence a written lease of this and several other stores from Hatch to…
1Opinion of the Court
The opinion of the Court, Shepley J. holding a jury term at the time of the argument, and not sitting in the case, was drawn up by
Whitman C. J.
— By the offer to be defaulted the cause of action must be regarded as confessed. Such offer, under the statute, is equivalent, in its effect, in this particular, to bringing money into Court upon the common rule, which has ever *532been considered as leaving nothing in controversy but the quantum of the debt or damage, which the plaintiff is entitled to recover. The evidence therefore tending to prove a tenancy as lessee, under the plaintiff, was, after…
2Cited by4 opinions
- Springer v. City of ChicagoIllinois Supreme Court · 1891
- Raapke & Katz Co. v. Schmoller & Mueller Piano Co.Nebraska Supreme Court · 1908
- Kendall v. UlandNebraska Supreme Court · 1909
- Vincent v. DefieldMichigan Supreme Court · 1895