Chase v. Dwinal
Supreme Judicial Court of Maine
This case, which was assumpsit for money had and received, came before the court upon exceptions taken by the defendant to the opinion of Smith J. before whom it was tried in the court below.
Read the full summary
This case, which was assumpsit for money had and received, came before the court upon exceptions taken by the defendant to the opinion of Smith J. before whom it was tried in the court below. The plaintiff was conducting his raft down the Penobscotfriver; and when he came near the boom of the defendant, which was erected under a charter from the State, he was unable to pass it through the passage-way left for that purpose ; and by force of tire wind and current it was driven eastward of the passage, and stopped by the defendant’s boom. The plaintiff, with other assistance, immediately made…
1Opinion of the Court
Weston J.
delivered the opinion of the Court at the ensuing July term in Waldo.
The defendant claims, in behalf of the Penobscot boom corporation, a right to receive and retain as toll, the money attempted to be reclaimed in this action. If he has such right, the action cannot be supported. The act, establishing this corporation, grants them a toll for stopping and securing the several kinds of timber, mentioned therein, whether drifted or rafted down the riyfi],- The franchise of taking toll granted to the corporation, was manifestly in consideration of valuable services rendered. The benefit…
2Cases cited3 opinions
- Ripley v. GelstonNew York Supreme Court · 1812
- Hall v. ShultzNew York Supreme Court · 1809
- Clinton v. StrongNew York Supreme Court · 1812
3Cited by11 opinions
- Hackley v. HeadleyMichigan Supreme Court · 1881
- Adams v. SchifferSupreme Court of Colorado · 1887
- Clark v. United StatesSupreme Court of the United States · 1880
- Brinkmann v. Urban Realty Co., Inc.Supreme Court of New Jersey · 1952
- Fargusson v. WinslowSupreme Court of Minnesota · 1885
6 more not listed; retrieve them via the Exa API.