Legal Opinion

Madunkeunk Dam & Improvement Co. v. E. F. Allen Clothing Co.

Supreme Judicial Court of Maine

Decided December 17, 1906PublishedCited by 5 opinions

On report. Judgment for plaintiff. Assumpsit on account annexed brought by the plaintiff, a corporation organized under the provisions of chapter 316 of the Private and Special Laws of 1903, against the -defendant, also a corporation, to recover tolls on two million feet of poplar and spruce logs at fifteen cents per thousand feet. Tried at the January term, 1906, of the Supreme Judicial Court, Penobscot County.

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On report. Judgment for plaintiff. Assumpsit on account annexed brought by the plaintiff, a corporation organized under the provisions of chapter 316 of the Private and Special Laws of 1903, against the -defendant, also a corporation, to recover tolls on two million feet of poplar and spruce logs at fifteen cents per thousand feet. Tried at the January term, 1906, of the Supreme Judicial Court, Penobscot County. At the conclusion of the evidence the case was “reported to the I jaw Court for determination upon so much of the evidence as is legally admissible.” The case appears in the opinion.

1Opinion of the CourtPeabody, J.

This was an action of assumpsit brought by the plaintiff, a corporation organized under the laws of Maine, against the defendant, also a Maine corporation, to recover on account annexed,tolls on two million feet of poplar and spruce logs at fifteen cents per thousand feet, $300.

The case is before this court on report. The organization of the plaintiff corporation under chapter 815 of the Private Laws, 1903, of Maine, and the rate of toll at fifteen cents per thousand is admitted.

The defense put in issue three material propositions necessary for the plaintiff to establish in order to entitle…

2Cases cited5 opinions

  1. Johnson v. CranageMichigan Supreme Court · 1880
  2. Smith v. KellyMichigan Supreme Court · 1880
  3. Fornette v. CarmichaelWisconsin Supreme Court · 1876
  4. Genesee-Fork Imp. Co. v. Ives, Pennsylvania Court of Common Pleas, Potter County1891
  5. Peterson v. AndersonMichigan Supreme Court · 1880

3Cited by5 opinions

  1. Hunter v. TotmanSupreme Judicial Court of Maine · 1951
  2. E. I. Du Pont De Nemours & Co. v. TomlinsonCourt of Appeals for the Fourth Circuit · 1924
  3. Wisconsin Steel Co. v. Maryland Steel Co.Court of Appeals for the Seventh Circuit · 1913
  4. Navarre Et Ux. v. HoneaSupreme Court of Oklahoma · 1914
  5. Connecticut Valley Lumber Co. v. StoneCourt of Appeals for the Second Circuit · 1914

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