McLellan v. Crofton
Supreme Judicial Court of Maine
This was an action of indebitatus assumpsit, on promises alleged to have been made by James Dunn the defendant’s testator, to William Waite the plaintiff’s intestate, for the goods, Sz,c. mentioned in the schedule annexed to the writ. This schedule appeared to be a transcript from Waite’s book, being charges of sundry items accruing from March 7, 1795 to Aug. 15, 1S01, at which time the account was footed by Waite and the balance carried to new account.
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This was an action of indebitatus assumpsit, on promises alleged to have been made by James Dunn the defendant’s testator, to William Waite the plaintiff’s intestate, for the goods, Sz,c. mentioned in the schedule annexed to the writ. This schedule appeared to be a transcript from Waite’s book, being charges of sundry items accruing from March 7, 1795 to Aug. 15, 1S01, at which time the account was footed by Waite and the balance carried to new account. The defendant pleaded, first, the general issue, whi.ch was joined : secondly, non assumpsit infra sex annos ; thirdly, actio non accrevit…
1Opinion of the Court
*325The opinion of the Court was delivered at the adjournment in August following, by
MunoEN C. J.
In this case three different questions are presented to the court for decision.
1. The first is a motion on the part of the plaintiff, for leave to amend, by inserting an ad damnum; through inattention none having been laid in the original writ.
2. The second is a motion at common law, for a new trial; ort the ground that one of the jurors who tried the cause was incompetent, for certain reasons stated in the motion on file.
3. The third is a motion for a new trial, founded on exceptions to the opinions…
2Cases cited10 opinions
- Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1822
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Mandeville and Jamesson v. WilsonSupreme Court of the United States · 1809
- Barnard v. WhitingMassachusetts Supreme Judicial Court · 1811
- Coster v. MurrayNew York Court of Chancery · 1821
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Robichaud v. Napoleon St. CyrSupreme Judicial Court of Maine · 1954
- Holway v. SanbornWisconsin Supreme Court · 1911
- Wardens of Christ Church v. Mayor of SavannahSupreme Court of Georgia · 1889
- Elliott v. ShermanSupreme Judicial Court of Maine · 1952
3 more not listed; retrieve them via the Exa API.