Staples v. Wellington
Supreme Judicial Court of Maine
On exceptions. Assumpsit on a special contract for tbe payment of an alleged bounty as a volunteer in tbe United States army. At tbe February term, 1867, tbe action was tried, and tbe jury returned a verdict for tbe plaintiff; whereupon tbe defendant filed a motion to set aside tbe verdict, and tbe action was continued.
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On exceptions. Assumpsit on a special contract for tbe payment of an alleged bounty as a volunteer in tbe United States army. At tbe February term, 1867, tbe action was tried, and tbe jury returned a verdict for tbe plaintiff; whereupon tbe defendant filed a motion to set aside tbe verdict, and tbe action was continued. On tbe 6th of May, 1867, the plaintiff’s intestate, by his deed, assigned all his right, title, and interest in tbe verdict, and tbe claim on which it was founded, to Edmund Madigan, bis attorney in the action. On the 7th of September, 1867, the defendant obtained from the…
1Opinion of the CourtAppleton, C. J.
This suit is prosecuted for the benefit of Edward Madigan, to whom the original plaintiff assigned, on 6th May, *4581867, the demand in suit. The defense rests upon a release executed on 7th Sept., 1867, by plaintiff’s intestate.
The validity of the release was contested on the ground, 1st, that the defendant had notice when he received it, that the demand released had previously been assigned; and, 2d, that the releasor was not of sound mind when it was given.
1. The presiding judge was requested to instruct the jury “ that it was not necessary that the notice of the assignment should be given…
2Cited by6 opinions
- O'Donnell v. RodigerSupreme Court of Alabama · 1884
- In re the Petition for Review of the Probate of the Last Will & Testament of SharpleySuperior Court of Delaware · 1923
- Richardson v. SmartMissouri Court of Appeals · 1896
- Smith v. BayrightNew Jersey Court of Chancery · 1881
- McNett v. CooperU.S. Circuit Court for the District of Western Michigan · 1882
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