Perkins v. Blethen
Supreme Judicial Court of Maine
On report. Assumpsit on an account annexed, brought by the plaintiff as assignee of Abbie M. Blethen, the wife of the defendant. Plea, the general issue with brief statement as follows: "That at the time of the alleged promises contained in plaintiff’s declaration the defendant and the assignor of the claim in suit were and now are husband and wife.”
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On report. Assumpsit on an account annexed, brought by the plaintiff as assignee of Abbie M. Blethen, the wife of the defendant. Plea, the general issue with brief statement as follows: "That at the time of the alleged promises contained in plaintiff’s declaration the defendant and the assignor of the claim in suit were and now are husband and wife.” The writ was returnable at the March term, 1909, of the Supreme Judicial Court, Somerset County, and the defendant’s pleadings were not filed until the following December term of said Court. Counsel for the plaintiff moved to have the brief…
1Opinion of the CourtPeabody, J.
This is an action of assumpsit brought by the plaintiff as assignee of Abbie M. Blethen of a chose in action. The pleadings-were the general issue with brief statement "that at the time of the alleged promises contained in the plaintiff’s declaration the defendant and the assignor of the claim in suit were and now are husband and wife.” Counsel for plaintiff moved to have the brief statement stricken out on the ground that it should have been pleaded within the time for pleas in abatement. The case is reported to the Law Court, all rights of and under the pleadings being reserved to the…
2Cases cited2 opinions
- Roberts v. MorganSupreme Court of Vermont · 1858
- Roseberry v. RoseberryWest Virginia Supreme Court · 1886
3Cited by7 opinions
- Courtney v. CourtneySupreme Court of Oklahoma · 1938
- Plotkin v. PlotkinSuperior Court of Delaware · 1924
- Moulton v. MoultonSupreme Judicial Court of Maine · 1973
- Bowers v. BowersNew Jersey Court of Chancery · 1946
- In Re RebenSupreme Judicial Court of Maine · 1975
2 more not listed; retrieve them via the Exa API.