Bowley v. Fuller
Supreme Judicial Court of Maine
On exceptions. An action of assumpsit on account annexed to recover the sum of one hundred and eighteen dollars for storage of hay in a barn in the possession of the plaintiff, from November 1, 1919 to April 26, 1920. A verdict for plaintiff for $80.83 was returned by the jury.
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On exceptions. An action of assumpsit on account annexed to recover the sum of one hundred and eighteen dollars for storage of hay in a barn in the possession of the plaintiff, from November 1, 1919 to April 26, 1920. A verdict for plaintiff for $80.83 was returned by the jury. Exceptions were taken by defendant to that part of the charge of the presiding Justice wherein he instructed the jury, that as a matter of law, if the plaintiff was entitled to recover at all, he was entitled to recover the per diem storage claimed by plaintiff, dating from a reasonable time after notice was given to…
1Opinion of the CourtCornish, C. J.
Assumpsit on an account annexed for the storage of hay, from November 1, 1919, to April 26, 1920. It appears from the bill of exceptions and the charge of the presiding Justice which is ma'de a part thereof that the plaintiff became lessee of certain premises on October 24, 1919. The defendant had been and at that time was in occupation of the premises, but he moved away four days later, on .October 28, 1919, leaving, however, two bins of hay stored in the *23barn. This was left because the defendant gave the plaintiff an option to purchase 'this hay at a certain price, the option to continue…
2Cases cited17 opinions
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Hobbs v. Massasoit Whip Co.Massachusetts Supreme Judicial Court · 1893
- More v. New York Bowery Fire InsuranceNew York Court of Appeals · 1892
- White v. MaynardMassachusetts Supreme Judicial Court · 1872
- R. H. White Co. v. Remick & Co.Massachusetts Supreme Judicial Court · 1908
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3Cited by6 opinions
- Spero-Nelson v. BrownCourt of Appeals for the Sixth Circuit · 1949
- Hendrickson v. International Harvester Co. of AmericaSupreme Court of Vermont · 1927
- Tips v. United StatesCourt of Appeals for the Fifth Circuit · 1934
- Nahas v. Local 905, Retail Clerks International Ass'nCalifornia Court of Appeal · 1956
- Casco Northern Bank, N.A. v. Green Corp. (In Re Green Corp.)United States Bankruptcy Court, D. Maine · 1993
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