Church v. Knowles
Supreme Judicial Court of Maine
On motion and exceptions by defendant. Assumpsit on a promissory note given by the defendant to the plaintiff in payment of a pair of oxen sold by the plaintiff to the defendant, brought in the Superior Court, Kennebec County.
Read the full summary
On motion and exceptions by defendant. Assumpsit on a promissory note given by the defendant to the plaintiff in payment of a pair of oxen sold by the plaintiff to the defendant, brought in the Superior Court, Kennebec County. Plea, the general issue with a brief statement alleging “ that the consideration for the alleged promise was the sale of two oxen which were sold by said Church to said Knowles at said Augusta, on Oct. 28, 1903, that said oxen were then and there infected with tuberculosis, and that said Church had no consent from the municipal officers of said Augusta, that said oxen…
1Opinion of the CourtSpear, J.
This was an action of assumpsit on a promissory note given by the defendant to the plaintiff in payment for a pair of oxen. There was evidence tending to show that the oxen were at the time of sale infected with tuberculosis, of which they afterward died.
The defendant requested the court to instruct the jury that if the oxen were infected with tuberculosis at the time of sale, the plaintiff could not recover.
This instruction the court declined to give, but instead gave the following : “ If they were sold on inspection and the plaintiff was absolutely ignorant of any infection and had reason…
2Cases cited3 opinions
- Commonwealth v. EmmonsMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. RaymondMassachusetts Supreme Judicial Court · 1867
- Ward v. StateIndiana Supreme Court · 1874
3Cited by4 opinions
- State v. KolicheSupreme Judicial Court of Maine · 1948
- Boyer v. StateIndiana Supreme Court · 1908
- State v. DyerSupreme Judicial Court of Maine · 1972
- Oxford County Agricultural Society v. School Administrative District No. 17Supreme Judicial Court of Maine · 1966