Stevens v. King
Supreme Judicial Court of Maine
Agreed statement. The parties agreed that, if the plaintiff was entitled to recover, the defendant should be defaulted for the amount claimed in the writ; otherwise plaintiff to become nonsuit. No debt legally due plaintiff, nor has he any lien. Damren took assignment of debts subject to all defenses including payment. There must be a rescission of the compromise settlement between the original parties. R. S., c. 82, § 45; Bisbee v. Ham, 47 Maine, 543; Potter v. Ins.
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Agreed statement. The parties agreed that, if the plaintiff was entitled to recover, the defendant should be defaulted for the amount claimed in the writ; otherwise plaintiff to become nonsuit. No debt legally due plaintiff, nor has he any lien. Damren took assignment of debts subject to all defenses including payment. There must be a rescission of the compromise settlement between the original parties. R. S., c. 82, § 45; Bisbee v. Ham, 47 Maine, 543; Potter v. Ins. Go. 63 Id. 440. Defendant has paid seventy per cent of all these claims by his conveyance to Mrs. Damren. If Damren is allowed…
1Opinion of the CourtPeters, C. J.
The defendant (King) through a real estate broker (Hunton), bargained to sell to Lavinia E. Damren certain real estate the title to which, subject to incumbrances, ® stood in his name. The incumbrances consisted of mortgages to a savings bank, and a number of lien claims of persons who had furnished labor and materials for constructing and repairing buildings on the premises. Attachments had been placed upon the property for the enforcement of the lien claims. In order to remove the incumbrances and pay them off out of the proceeds of the expected sale, the defendant, in pursuance of previous…
2Cited by7 opinions
- Laffranchini v. ClarkNevada Supreme Court · 1915
- Carnall v. KramerSupreme Court of Iowa · 1922
- Johnston v. MoellerSupreme Court of Connecticut · 1919
- Home Insurance v. BishopSupreme Judicial Court of Maine · 1943
- Contoocook Fire Precinct v. HopkintonSupreme Court of New Hampshire · 1902
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