Treadwell v. Moore
Supreme Judicial Court of Maine
On Exceptions from the District Court, Hathaway, J. presiding. Assumpsit on an account for groceries, $37,51. The defendant introduced some receipts from the plaintiff amounting to $38, “ to be allowed on account.” A witness testified that, beside the grocery bill, the defendant had purchased of the plaintiff a quantity of spirituous liquors, charged on another bill, to the amount of $53,88, and that the receipts for $38 were for moneys paid on account of the liquors.
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On Exceptions from the District Court, Hathaway, J. presiding. Assumpsit on an account for groceries, $37,51. The defendant introduced some receipts from the plaintiff amounting to $38, “ to be allowed on account.” A witness testified that, beside the grocery bill, the defendant had purchased of the plaintiff a quantity of spirituous liquors, charged on another bill, to the amount of $53,88, and that the receipts for $38 were for moneys paid on account of the liquors. On the question, whether the plaintiff had license to sell liquors, no evidence was given. The Judge instructed the jury that,…
1Opinion of the Court
The opinion of the Court, Shepley, C. J., Wells, Rice, and Appleton, J. J., was drawn up by
Appleton, J.
The defendant having been sued for the
amount of a bill of groceries, the items of which were admitted, offered by way of defence, receipts signed by the plaintiff “ to be allowed on account,” for a sum exceeding the claim demanded in this suit. Were the case to end here, the defence would seem to be established. But from the evidence introduced, it further appeared, that the plaintiff, beside his grocery bill, had other dealings with the defendant; that he had sold him at different times…
2Cited by8 opinions
- Carson v. Cook County Liquor Co.Supreme Court of Oklahoma · 1913
- MUTUAL LUMBER COMPANY v. GeroSupreme Judicial Court of Maine · 1968
- Peterborough Savings Bank v. HodgdonSupreme Court of New Hampshire · 1882
- State ex rel. Baird v. HolladaySupreme Court of Missouri · 1877
- Adams v. MahnkenSupreme Court of New Jersey · 1886
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