Moody v. Brown
Supreme Judicial Court of Maine
On Exceptions from the District Court, Hathaway, J. Assumpsit, on a count for materials and labor furnished, and one on an account for articles sold and delivered.
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On Exceptions from the District Court, Hathaway, J. Assumpsit, on a count for materials and labor furnished, and one on an account for articles sold and delivered. The account was for stereotype plates, $18, alteration of same $4, and some interest and expressage, making in all $25,04. A witness for the plaintiff testified, that in behalf of the plaintiff he presented the bill and requested payment, to which the defendant replied, that he had ordered the plates, but did not feel able to take them ; that there was a mistake in them, which the plaintiff was to correct at his own expense ; that…
1Opinion of the Court
The opinion of the Court, Shepley, C. J., Wells, Rice and Appleton, J. J., was drawn up by
Shepley, C. J.
There is not a perfect agreement of the decided cases upon the question presented by the exceptions.
The law appears to be entirely settled in England in accordance with the instructions. Atkinson v. Bell, 8 B. & C. 277; Elliott v. Pybus, 10 Bing. 512; Clarke v. Spence, 4 Ad. & El. 448.
The case of Bement v. Smith, 15 Wend. 493, decides the law to be otherwise in the State of New York. The case of Towers v. Osborne, Stra. 506, was referred to as an authority for it. The plaintiff in that case…
2Cases cited1 opinion
- Bement v. SmithNew York Supreme Court · 1836
3Cited by8 opinions
- Hosmer v. WilsonMichigan Supreme Court · 1859
- State Board of Administration v. RoquemoreSupreme Court of Alabama · 1928
- Clarkson v. StevensSupreme Court of the United States · 1882
- Sempel v. Northern Hardwood Lumber Co.Supreme Court of Iowa · 1909
- River Spinning Co. v. Atlantic MillsU.S. Circuit Court for the District of Rhode Island · 1907
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