Fairbanks v. Stanley
Supreme Judicial Court of Maine
The parlies agreed upon a statement of facts for decision of the Court thereon, if the Court should deem the evidence admissible, the plaintiffs objecting thereto. This is an action on the case against the late sheriff of the ■county of Kennebec, for the neglect of Henry Johnson, one of his deputies.
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The parlies agreed upon a statement of facts for decision of the Court thereon, if the Court should deem the evidence admissible, the plaintiffs objecting thereto. This is an action on the case against the late sheriff of the ■county of Kennebec, for the neglect of Henry Johnson, one of his deputies. The writ bears date July 24, 1838. The plaintiffs are merchants in Boston, and on the 15th day of May, 1837, had a note against Emerson 8f Wing of Watenille, given to the plaintiffs, for certain hardware previously purchased of them, said note dated Oct. 29, 1836, for the sum of $518,49, and…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
The case finds, that “ the plaintiffs’ attorney had a general authority from the plaintiffs to act for them and to commence such suits, as he might think for their interest.” The authority appears to be sufficiently extensive, and it is not perceived, that the plaintifls would be at liberty to deny it; or that they could be excused from answering in damages for making the attachment, if there had been no sufficient justification for commencing the suit.
When one institutes a suit, he may set forth his cause of action in any manner which the law…
2Cited by2 opinions
- Brown v. SpiegelMichigan Supreme Court · 1909
- Pyrofax Gas Corp. v. Consumers Gas Co.Supreme Judicial Court of Maine · 1955