Cushing v. Babcock
Supreme Judicial Court of Maine
On Report from Nisi Prius, Appleton, J., presiding. Assumpsit, to recover balance of an .account. The writ was dated Aug. 21, 1845, and also contained a count for money paid, &c. No items were sued for which accrued after 1841. Copies of the decree of bankruptcy of plaintiffs and of the appointment of G. G. Cushman as their assignee in Feb’y, 1843, were put into the case,-and evidence of the sale of the claim sued for, by the assignee in bankruptcy, to one of the plaintiffs.
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On Report from Nisi Prius, Appleton, J., presiding. Assumpsit, to recover balance of an .account. The writ was dated Aug. 21, 1845, and also contained a count for money paid, &c. No items were sued for which accrued after 1841. Copies of the decree of bankruptcy of plaintiffs and of the appointment of G. G. Cushman as their assignee in Feb’y, 1843, were put into the case,-and evidence of the sale of the claim sued for, by the assignee in bankruptcy, to one of the plaintiffs. On June 9, 1847, Henry E. Prentiss purchased all the rights of plaintiffs in this suit, and took an assignment of the…
1Opinion of the CourtRice, J.
— The demand of Cushing & al. against the defendant was purchased, and the assignment procured, by Prentiss, at the' instance and request of the defendant himself, under an agreement which stipulated the manner in which that action should be finally disposed of in Court. He thereby waived all technical objections to maintaining that action by the assignee, if any existed.
It was competent for the parties to submit matters in dispute between them to arbitrators, and to confer on these arbitrators such powers as they might deem proper, provided they did not violate any rule of law.
The matters in…
2Cited by1 opinion
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