Harris v. Howes
Supreme Judicial Court of Maine
'ON REPORT. The writ was assumpsit for money had and received, and was dated April 4, 1881. The plea was the general issue.
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'ON REPORT. The writ was assumpsit for money had and received, and was dated April 4, 1881. The plea was the general issue. The opinion states the material facts. cited: 3 Hurlstone & Coliman, 460 (Exch.) ; Sweetser v. McKenney, 65 Maine, 225 ; Holley v. Young, 66 Maine, 520 ; Taylor’s Landlord & Tenant, § § 262, 445, 22, 385 ; Vernon v. Smith, 5 B. & A. 1; Wilson v. Prescott, 62 Maine, 115; Bilis v. Welch, 6 Mass. 246; Parks v. Boston, 15 Pick. 198 ; Patterson v. Boston, 20 Pick. 165; E. S., c. 18, § 5 ; Gillespie v. Thomas, 15 Wend. 464; Brown v. Co. Qom. 12 Met. 209. The defence claims…
1Opinion of the CourtPeters, J.
The plaintiff claims to maintain an action for money had and received upon these facts : Damages were awarded to the defendants for land taken for widening a street in the city of Belfast. The plaintiff at the time had a lease of a portion of the land. In the proceedings no notice was taken of the lease, nor was any claim .set up by the lessee, and the damages were estimated and awarded as if there had been no lease upon the premises. This seems to be shown by the facts and admitted by fhe arguments.
The plaintiff contends that in equity and good conscience he is entitled to recover from the…
2Cases cited5 opinions
- In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
- Commonwealth v. CoombsMassachusetts Supreme Judicial Court · 1807
- Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
- City of Boston v. RobbinsMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. Inhabitants of Great BarringtonMassachusetts Supreme Judicial Court · 1810
3Cited by9 opinions
- State Ex Rel. State Highway Commission v. BurkOregon Supreme Court · 1954
- Palo v. RogersSupreme Court of Connecticut · 1933
- State ex rel. Long v. Superior CourtWashington Supreme Court · 1914
- Smith v. City of St. PaulSupreme Court of Minnesota · 1896
- State ex rel. Kafka v. District CourtSupreme Court of Minnesota · 1915
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