Gould v. Murch
Supreme Judicial Court of Maine
Assumpsit brought to recover the amount of two promissory notes, dated December 17, 1875, given by defendant to plaintiff. •The consideration for said notes with other notes was a bond in common form, dated December 17, 1875, to convey certain real estate described therein, when said notes were paid according to their tenor. Defendant took possession of said premises when said notes and bond were given and was in possession at the time of the ñre.
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Assumpsit brought to recover the amount of two promissory notes, dated December 17, 1875, given by defendant to plaintiff. •The consideration for said notes with other notes was a bond in common form, dated December 17, 1875, to convey certain real estate described therein, when said notes were paid according to their tenor. Defendant took possession of said premises when said notes and bond were given and was in possession at the time of the ñre. In the fall of 1876 the buildings on said premises were destroyed by fire. Defendant claims that by reason of the loss of said buildings, the…
1Opinion of the CourtLibbky, J.
The notes in suit, with three others, were given in payment for a lot of land on which were a dwelling-house and other buildings; and on payment of the notes at maturity, the plaintiff agreed to convey the premises to the defendant. The defendant was to have possession of the premises till he made default of payment as agreed, and he entered into possession under the agreement. Within a year from that time the buildings were burnt without the fault of either party.
The question presented to the court is whether the destruction of the buildings can be set up by the defendant as a defense to the…
2Cases cited2 opinions
- Wells v. CalnanMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. GraddyCourt of Appeals of Kentucky · 1863
3Cited by15 opinions
- J. S. Potts Drug Co. v. BenedictCalifornia Supreme Court · 1909
- Phinizy v. GuernseySupreme Court of Georgia · 1900
- Anderson v. YaworskiSupreme Court of Connecticut · 1935
- Conlin v. OsbornCalifornia Supreme Court · 1911
- Powell v. Dayton, Sheridan & Grande Ronde R. R.Oregon Supreme Court · 1885
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