Hopkins v. Erskine
Supreme Judicial Court of Maine
Action of assumpsit with allegations setting forth defendant’s liability for interest on money advanced by plaintiff to defendant and held by said defendant for several years claiming to be the guardian of plaintiff. An amended declaration was filed and allowed by agreement. A demurrer to said amended declaration was filed and sustained by the court. To which ruling the plaintiff filed exceptions. Exceptions overruled, Case stated in opinion.
1Opinion of the CourtMobrill, J.
The plaintiff has exceptions to a ruling of the Justice presiding at nisi prius sustaining a general demurrer to the declaration.
The action is for the recovery- of interest on money of plaintiff delivered by her to defendant; a part of the principal sum was-disbursed by defendant for the benefit of plaintiff, and the balance was paid by him to plaintiff’s guardian before action brought.
A promise is not expressly alleged in the declaration, nor is it alleged that defendant received interest on plaintiff’s money in his hands; the plaintiff, however, alleges “that by virtue of his assuming to be…
2Cases cited4 opinions
- Sherman v. BallouNew York Supreme Court · 1828
- Thorndike v. HinckleyMassachusetts Supreme Judicial Court · 1892
- American Bible Society v. WellsSupreme Judicial Court of Maine · 1878
- Chaney v. SmallwoodCourt of Appeals of Maryland · 1843
3Cited by6 opinions
- Groshoff v. St. Gertrude's ConventIdaho Supreme Court · 1927
- Patterson v. PattersonSupreme Judicial Court of Maine · 1962
- Kemmetmueller v. ZachmanSupreme Court of Minnesota · 1945
- United StatesSupreme Judicial Court of Maine · 1941
- Hoffman v. UngerWest Virginia Supreme Court · 1943
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