Carter, Carter & Meigs Co. v. Stewart Drug Co.
Supreme Judicial Court of Maine
Action of assumpsit on account annexed to recover for goods sold and delivered to defendant company. Attachment was made of defendant’s stock in trade and receiptor given to sheriff. Within thirty days of date of writ and attachment, proceedings were instituted under Public Laws, 1905, chapter 85, as amended by Public Laws, 1907, chapter 137. Under these proceedings, a- decree was entered appointing a receiver for defendant corporation.
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Action of assumpsit on account annexed to recover for goods sold and delivered to defendant company. Attachment was made of defendant’s stock in trade and receiptor given to sheriff. Within thirty days of date of writ and attachment, proceedings were instituted under Public Laws, 1905, chapter 85, as amended by Public Laws, 1907, chapter 137. Under these proceedings, a- decree was entered appointing a receiver for defendant corporation. At a subsequent term of court, the attorney for the defendant company filed a motion to dismiss the pending suit, which -motion was dismissed pro forma by the…
1Opinion of the CourtBird, J.
This is an action of assumpsit for the recovery of the price of merchandise sold defendant by plaintiff. The' writ was' dated September. ninth, 1915, and returnable at Machias on the second Tuesday of October next following. Upon the eleventh day of September, 1915, sundry goods of the defendant, to the value of four hundred dollars, were attached upon the writ and service made upon defendant. A receipt for the-goods attached was given the officer, executed by the defendant and one Cummings and one 'Whitney. This receipt was in the alternative and of the usual form. On the first day of…
2Cases cited3 opinions
- Pendleton v. RussellSupreme Court of the United States · 1892
- Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
- Milwaukee Mutual Fire Insurance v. Sentinel Co.Wisconsin Supreme Court · 1892
3Cited by4 opinions
- Crane v. FrenchCalifornia Court of Appeal · 1940
- Continental Oil Co. v. CommissionerUnited States Board of Tax Appeals · 1931
- In Re Newport Offshore Ltd.United States Bankruptcy Court, D. Rhode Island · 1998
- Benj. Harris & Co. v. Western Smelting & Refining Co.Appellate Court of Illinois · 1944