Steward v. Church
Supreme Judicial Court of Maine
On motion by defendant Carrie Church. Action of assumpsit against Charles Church and Carrie Church, his wife, on an account annexed to recover the price of a cream separator, and for which said cream separator the defendant Charles Church had previously given to the plaintiffs his negotiable promissory note of the kind and form known as a Holmes’ note.
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On motion by defendant Carrie Church. Action of assumpsit against Charles Church and Carrie Church, his wife, on an account annexed to recover the price of a cream separator, and for which said cream separator the defendant Charles Church had previously given to the plaintiffs his negotiable promissory note of the kind and form known as a Holmes’ note. The bankruptcy of the defendant Charles Church was suggested on the docket, and the plaintiffs discontinued as to him by reason of his discharge in bankruptcy. Plea, the general issue. Verdict for plaintiffs against the defendant Carrie Church…
1Opinion of the CourtEmery, C. J.
Charles Church on June 25, 1904, purchased of the plaintiff a cream separator for use on the farm on which he lived in Skowhegan and he gave his negotiable note therefor. At the time of the sale the plaintiffs supposed Charles owned the farm and they sold him the separator upon his sole credit, having no intimation or reason to suppose that he was acting as agent for any one. Three years afterward, Aug. 8, 1907, learning that at the time of the sale the title to the Church farm was in Carrie Church, the wife of Charles Church, (having been conveyed by him to her Aug. 10, 1903) the plaintiffs…
2Cases cited3 opinions
- Lovell v. WilliamsMassachusetts Supreme Judicial Court · 1878
- Jefferds v. AlvardMassachusetts Supreme Judicial Court · 1890
- Merrick v. PlumleyMassachusetts Supreme Judicial Court · 1868
3Cited by2 opinions
- Cyclone Fence Co. v. McAvineySupreme Court of Connecticut · 1936
- Speer v. CampbellWashington Supreme Court · 1932