Badger v. President, &c. Bank of Cumberland
Supreme Judicial Court of Maine
Assumpsit for money paid and money had and received. All the evidence written and parol, saving that there was no copy of the bond, is found in the exceptions, but the facts in the case sufficiently appear in the opinion of the Court. The trial was before Tenney J. The counsel for the defendants seasonably objected to the ¡proof of any declarations or sayings of any officer of the Bank.
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Assumpsit for money paid and money had and received. All the evidence written and parol, saving that there was no copy of the bond, is found in the exceptions, but the facts in the case sufficiently appear in the opinion of the Court. The trial was before Tenney J. The counsel for the defendants seasonably objected to the ¡proof of any declarations or sayings of any officer of the Bank. After a statement of all the evidence the exceptions conclude thus: — “ The counsel for the Bank contended, that the only interest which it had in the ship was by virtue of Nutter’s bond, which gave it no…
1Opinion of the Court
The opinion of the Court, Shepley J. being a stockholder in the Bank and taking no part in the decision, was drawn up by
Tenney J.
This action is for the recovery of the amount of the disbursements on account of one third part of Ship Hermitage, which the plaintiff contends was the property of the defendants, or which for the time was used and treated by them as such. The plaintiff was the owner of the residue of the ship and was ship’s husband.
To prove the title of the defendants, there was introduced *433evidence of a former ownership by one Nutt.er; a bond from Nutter to the Bank, dated Sept. I,…
2Cases cited3 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Lamb v. DurantMassachusetts Supreme Judicial Court · 1815
3Cited by3 opinions
- Belknap v. BelknapSouth Dakota Supreme Court · 1906
- Scudder v. Calais Steamboat Co.U.S. Circuit Court for the District of Maine · 1860
- Richardson v. MontgomerySupreme Court of Pennsylvania · 1865