Wilson v. Russ
Supreme Judicial Court of Maine
The facts in this case are stated in the opinion of the Court. After the evidence had all been exhibited to the jury, the counsel for the defendant requested the Judge to instruct the jury: — 1. That if any of the debts named in the schedule had, in the opinion of . the jury, been collected by either member of the firm prior to the bringing of the action, whether contained in the account filed in offset, or not, it would be their duty to apply the amount, as far as received,…
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The facts in this case are stated in the opinion of the Court. After the evidence had all been exhibited to the jury, the counsel for the defendant requested the Judge to instruct the jury: — 1. That if any of the debts named in the schedule had, in the opinion of . the jury, been collected by either member of the firm prior to the bringing of the action, whether contained in the account filed in offset, or not, it would be their duty to apply the amount, as far as received, to the payment of the note, unless the plaintiff should show, that the money had been withdrawn by the defendant, or a…
1Opinion of the Court
The opinion of the Court was by
Emery J.
The suit in this case was upon a note, dated Feb. 22d, 1822, to the late firm of Wilson & Porter, for $120, payable in six months from date with interest. An account in offset was filed on account of moneys collected of sundry individuals, and the defendant produced a schedule of demands dated March 1st, 1822, signed by the name of said firm in favor of the defendant for collection.
It did not appear that any demand had ever been made on either of said partners to account for these debts.
The case comes before us on exceptions to the instructions of the…
2Cases cited1 opinion
- Bredin v. KinglandSupreme Court of Pennsylvania · 1835
3Cited by6 opinions
- Ralph W. Moores, Jr. v. Nathan Greenberg, Ralph W. Moores, Jr. v. Nathan GreenbergCourt of Appeals for the First Circuit · 1987
- Floro v. LawtonCalifornia Court of Appeal · 1960
- Sohn v. BernsteinSupreme Judicial Court of Maine · 1971
- Jackson v. CloptonSupreme Court of Alabama · 1880
- Isham v. ParkerWashington Supreme Court · 1892
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