Cunningham v. Foster
Supreme Judicial Court of Maine
Exceptions by'defendant, to the ruling of Appleton, J., at JSFisi Prius. This was an action of assumpsit for " 85 days’ labor in tempering blades for pencil sharpeners.” The defendant pleaded the general issue, and, by way of brief statement, alleged that the subject matter of the present suit was embraced in, and determined by, an award made by referees, appointed by a rule of the Court, in a former action, between the same parties.
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Exceptions by'defendant, to the ruling of Appleton, J., at JSFisi Prius. This was an action of assumpsit for " 85 days’ labor in tempering blades for pencil sharpeners.” The defendant pleaded the general issue, and, by way of brief statement, alleged that the subject matter of the present suit was embraced in, and determined by, an award made by referees, appointed by a rule of the Court, in a former action, between the same parties. The declaration in the plaintiff’s former writ is given, substantially, in the opinion of the Court. The plaintiff introduced evidence to show that the contract…
1Opinion of the Court
The opinion of the court was drawn up by
ItiGK, J.
—Assumpsit on account annexed. May 26,1858, the plaintiff sued out a writ against the defendant containing three counts ; one on an account annexed, one for work and labor performed, and one upon a special contract" to cut, champer and face one million of pencil sharpener blades.” This action was referred to referees by rule of Court, by whom an award was rendered in favor of the plaintiff, and, on that award, judgment of Court was duly entered.
July 12, 1860, the present action was commenced, in which the plaintiff claims to recover the sum of…
2Cases cited4 opinions
- Snider v. CroyNew York Supreme Court · 1807
- Phillips v. BericicNew York Supreme Court · 1819
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Squires v. WhippleSupreme Court of Vermont · 1829
3Cited by1 opinion
- Jepson v. International Fraternal AllianceSupreme Court of Rhode Island · 1891