Cowan v. Adams
Supreme Judicial Court of Maine
This was an action of trespass for taking and carrying away a quantity of pine mill logs. It was proved that they were cut by the plaintiff in the winter of 1828-9, on a township of land then owned by John P. Boyd, which he purchased in July, 1828, of the State, in pursuance of information derived from the plaintiff, who had spent considerable time, and incurred some expense in exploring it.
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This was an action of trespass for taking and carrying away a quantity of pine mill logs. It was proved that they were cut by the plaintiff in the winter of 1828-9, on a township of land then owned by John P. Boyd, which he purchased in July, 1828, of the State, in pursuance of information derived from the plaintiff, who had spent considerable time, and incurred some expense in exploring it. Immediately after General Boyd bought the township, he requested Edmund T. Bridge, Esq. to take the general superintendance of it, and instructed him to give the plaintiff the preference as a purchaser of…
1Opinion of the Court
The opinion of the Courts, at a subsequent term, was delivered by
Mellen C. J.
The plaintiff claims a right to maintain this action against the defendants, and recover damages for the .alleged trespass by them committed, in virtue of a contract made with Bridge as the agent of Boyd, in April, 1829. It appears that the logs, respecting which the contract was formed, had been before that time cut by the plaintiff, without permission, on Boyd’s land, and were then lying there. It is important to ascertain the nature and extent of the instructions and authority given by Boyd, to Bridge, in relation…
2Cases cited1 opinion
- Howard v. GageMassachusetts Supreme Judicial Court · 1810
3Cited by2 opinions
- Waynesboro Planing Mill v. Perkins Manufacturing Co.Court of Appeals of Georgia · 1926
- Draper v. WilsonWisconsin Supreme Court · 1910