Haskell v. Tukesbury
Supreme Judicial Court of Maine
On Report. This case was certified to the law court under R. S.; c. 77, § 48, by the justice of the Superior Court, for Cumberland county. It was an action of assumpsit, originating in the Municipal Court for the city of Portland, to recover against an alleged guarantor forty-one dollars and fifty cents for clothing sold to F. H. Dyer.
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On Report. This case was certified to the law court under R. S.; c. 77, § 48, by the justice of the Superior Court, for Cumberland county. It was an action of assumpsit, originating in the Municipal Court for the city of Portland, to recover against an alleged guarantor forty-one dollars and fifty cents for clothing sold to F. H. Dyer. The declaration is as follows: In a plea of the case, for that the plaintiffs sold and delivered certain goods according to the account annexed to one F. H. Dyer, formerly of Portland on or about the twentieth day and eighteenth day of July A. D. 1896; that on…
1Opinion of the CourtFogler, J.
Assumpsit upon a writing signed by the defendant of the following tenor:
“Portland Theatre, Nov. 7, ’96.
Friend Geo.—
“Pop” Dyer was up to see me about a bill that he owes your concern. He is having a “fit.” If they will give him time I will *554see that the bills is paid with interest. Now that McKinley is elected he has got a sure thing and I know it.
Tours, C. C. Tukesbury.”
The defendant pleads the general issue and by brief statement the statute of frauds. The case comes to this court from the Superior Court of the county of Cumberland on report.
Dyer owed the plaintiff for merchandise described…
2Cases cited7 opinions
- Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Mead v. ParkerMassachusetts Supreme Judicial Court · 1874
- Barry v. CoombeSupreme Court of the United States · 1828
- Union Bank v. . Coster's ExecutorsNew York Court of Appeals · 1850
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3Cited by6 opinions
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- Van Arsdale-Osborne Brokerage Co. v. FosterSupreme Court of Kansas · 1909
- Young v. HORNBROOK INCORPORATEDSupreme Judicial Court of Maine · 1958
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