Goodwin v. Clark
Supreme Judicial Court of Maine
On exceptions and motion. Assumpsit on account annexed, dated June 25, 1872, for $133.-89 in items which may be generalized thus : tobacco and cigars, $61.02; champagne itemized as cash, $10.00; other items of merchandise specified, $81.67; two months and twenty-nine days’ labor, $272.50; interest, $5.70. The defense was illegality of consideration, also payment for the labor.
Read the full summary
On exceptions and motion. Assumpsit on account annexed, dated June 25, 1872, for $133.-89 in items which may be generalized thus : tobacco and cigars, $61.02; champagne itemized as cash, $10.00; other items of merchandise specified, $81.67; two months and twenty-nine days’ labor, $272.50; interest, $5.70. The defense was illegality of consideration, also payment for the labor. The plaintiff testified that he held a United States license for the sale of tobacco and cigars which expired with April, 1872; that he carried on business under it at Biddeford where he was burned out; that the items…
1Opinion of the CourtPeters, J.
The suit is upon an account annexed, containing two different claims, one for personal services rendered, and the other for merchandise sold. The plaintiff charged $272 as wages for his services, and that sum with interest would just equal the amount of the verdict returned. Taking the testimony of the plaintiff to be true and discarding that of the defendant who testified, which the jury might do, and the verdict can stand. There was enough in the case to authorize the jury to find that the plaintiff did not sell liquors as any part of the business for which he was employed. But the…
2Cases cited3 opinions
- Brown v. WebberMassachusetts Supreme Judicial Court · 1850
- Dunbar v. JohnsonMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. HeywoodMassachusetts Supreme Judicial Court · 1870
3Cited by6 opinions
- Hargreaves v. KimberlyWest Virginia Supreme Court · 1885
- Western Union Telegraph Co. v. Burlington & Southwestern Ry. Co.United States District Court · 1882
- Florida Packing & Ice Co. v. CarneySupreme Court of Florida · 1906
- Greenberg v. United StatesCourt of Appeals for the Eighth Circuit · 1923
- Rothschild v. SchneiderMichigan Supreme Court · 1911
1 more not listed; retrieve them via the Exa API.