Legal Opinion

Davis v. Randall

Supreme Judicial Court of Maine

Decided December 4, 1902PublishedCited by 1 opinion

Exceptions by defendant. Sustained. Assumpsit on the following account annexed: “Henry Randall, To Joseph G. Davis, Dr. 1900. May 27, To services on horse’s mouth, $1.00 June 28, To use of stallion on mare, 12.00 June 28, To services on horse’s mouth, 1.00 $14.00” The controversy was over the item of $12. for the use of the stallion. The case came to this court below on appeal by defendant from judgment of a trial justice in favor'of plaintiff.

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Exceptions by defendant. Sustained. Assumpsit on the following account annexed: “Henry Randall, To Joseph G. Davis, Dr. 1900. May 27, To services on horse’s mouth, $1.00 June 28, To use of stallion on mare, 12.00 June 28, To services on horse’s mouth, 1.00 $14.00” The controversy was over the item of $12. for the use of the stallion. The case came to this court below on appeal by defendant from judgment of a trial justice in favor'of plaintiff. Some time in the early spring of 1900, one Foster S. Reynolds of Lubec bought the stallion in question of one Perry E. Day of Princeton, in Washington…

1Opinion of the CourtPowers, J.

Assumpsit by the owner and keeper to recover for the services of a stallion.

The plaintiff advertised the services of the stallion under the name of “Success Jr.,” but before doing so did not himself make and file in the registry of deeds the certificate required by P. S., c. 38, § 61. Against the defendant’s objection, such a certificate by a former owner of the stallion under the name of “Black Harry” was introduced in evidence. The defendant excepts to the instruction of the presiding justice that when such a certificate was - once filed, it attached to the animal, so far as to give the…

2Cited by1 opinion

  1. State v. WhiteSupreme Judicial Court of Maine · 1950

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