Carver v. Miller
Massachusetts Supreme Judicial Court
This was an action of the case upon several promises. Upon non assumpsit pleaded and joined, the cause was tried before the Chief Justice, at the sittings after the last October term in this county, and a verdict taken for the plaintiff for the sum demanded by him, subject to the opinion of the Court upon a case stated.
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This was an action of the case upon several promises. Upon non assumpsit pleaded and joined, the cause was tried before the Chief Justice, at the sittings after the last October term in this county, and a verdict taken for the plaintiff for the sum demanded by him, subject to the opinion of the Court upon a case stated. The declaration is stated, and the facts agreed are recited by the Chief Justice in the following opinion of the Court, delivered by him at this term, the cause having been submitted to the Court without argument.
1Opinion of the CourtParsons, C. J.
This action is brought to recover of the defendant compensation for repairing a corn-mill, of which the parties were, when the action was commenced, tenants in common. The declaration contains several counts.
In the first, the plaintiff declares that on the 1st of June, 1802, he was. seised of three fourth parts of the mill in fee, *and one Joanna Lucas of the other fourth part, for [*560] term of her life, the reversion of which belonged to the defendant; that the mill being then out of repair, Carver and the tenant for life agreed that it should be repaired; and, as she was unable to repair her…
2Cases cited1 opinion
- Converse v. FerreMassachusetts Supreme Judicial Court · 1814
3Cited by10 opinions
- Calvert v. AldrichMassachusetts Supreme Judicial Court · 1868
- Cooper v. BrownSupreme Court of Iowa · 1909
- Converse v. FerreMassachusetts Supreme Judicial Court · 1814
- Runnels v. BullenSuperior Court of New Hampshire · 1823
- Bullen v. RunnelsSuperior Court of New Hampshire · 1820
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