Porter v. Androscoggin & Kennebec Rail Road
Supreme Judicial Court of Maine
On Pacts agreed. Assumpsit. The writ contained the money counts, a count on an account annexed and one count upon a contract signed by Hobart Clark, the defendant’s agent, lawfully authorized as alleged in the writ. All the claims of plaintiffs, in the several counts in their writ, originated under the contract declared on. That contract was signed and sealed by the plaintiffs and by Hobart Clark, an agent of the defendants.
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On Pacts agreed. Assumpsit. The writ contained the money counts, a count on an account annexed and one count upon a contract signed by Hobart Clark, the defendant’s agent, lawfully authorized as alleged in the writ. All the claims of plaintiffs, in the several counts in their writ, originated under the contract declared on. That contract was signed and sealed by the plaintiffs and by Hobart Clark, an agent of the defendants. The defendants’ corporate capacity was admitted, and as such, vested with the usual privileges and subject to the common liabilities of other corporations. The contract…
1Opinion of the CourtTenney, J.
— This is an action of assumpsit to recover payment for certain labor alleged to have been done; money paid, services rendered, and materials found by the plaintiffs, under a written contract dated May 16, 1848, signed and .sealed by the plaintiffs and by Hobart Clark, an agent of the defendants, with a common seal, used and adopted by the corporation in this case, though not the corporate seal.
It is well settled, that the action of assumpsit cannot be maintained against a party upon the sealed instrument of that party. The action must be debt or covenant. 1 Chitty’s Pl. 94 and 95; Banorgee…
2Cases cited2 opinions
- Banorgee v. HoveyMassachusetts Supreme Judicial Court · 1809
- M'Lellan v. DaltonMassachusetts Supreme Judicial Court · 1813
3Cited by12 opinions
- Bank of Middlebury v. Rutland & Washington RailroadSupreme Court of Vermont · 1858
- G. V. B. Min. Co. v. First Nat. Bank of HaileyCourt of Appeals for the Ninth Circuit · 1899
- Heffleman v. Pennington CountySouth Dakota Supreme Court · 1892
- First Nat. Bank of Hailey v. G. V. B. Min. Co.U.S. Circuit Court for the District of Idaho · 1898
- Penn. Natural Gas Co. v. CookSupreme Court of Pennsylvania · 1889
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