Knowlton v. Inhabts. of Plantation No. 4
Supreme Judicial Court of Maine
This was an action of assum/psit, brought to recover the value' of certain materials, and labor furnished and done by the plaintiff, as he alleged, in building a bridge for the defendants, over Great Works stream,, in their plantation. The general issue was pleaded and joined. At the second term after the pendency of the action in this Court, the counsel for the plaintiff, called upon the counsel for the defendants, for theft authority to appear in their behalf.
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This was an action of assum/psit, brought to recover the value' of certain materials, and labor furnished and done by the plaintiff, as he alleged, in building a bridge for the defendants, over Great Works stream,, in their plantation. The general issue was pleaded and joined. At the second term after the pendency of the action in this Court, the counsel for the plaintiff, called upon the counsel for the defendants, for theft authority to appear in their behalf. They were employed by an inhabitant of the plantation, who produced evidence of his appointment, as theft agent, in general terms,…
1Opinion of the Court
The opinion of the Court, after a continuance nisi, was drawn up by
Weston C. J.
The counsel for the defendants, having been employed by their general agent, was sufficiently authorised to appear in their behalf, if the objection to his authority had been taken at the first term, as it should have been.
There has been no- evidence of an express contract, upon which the action could have been founded. The letter of March, 1832, from the assessors of the plantation to the plaintiff, contains only the intimation of an opinion, as to the course, which it was most expedient to pursue, in the…
2Cited by2 opinions
- State v. Town of FranklinSupreme Judicial Court of Maine · 1985
- Sargent v. Inhabitants of BristolU.S. Circuit Court for the District of Maine · 1876