Lombard v. Fiske
Supreme Judicial Court of Maine
This is an action upon the following obligation. “ Know all men by these presents, that I, Allen Fiske of Wayne, County of Kennebec, Stale of Maine, as principal, and Ezra Fiske and Moses Hubbard, do covenant and bind ourselves in the sum of three hundred dollars to K L. Lombard of said Wayne, to olear him from all liabilities, tax or assessment, that have or inay arise from said Lombard’s one share in the Scythe Factory in said Wayne.
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This is an action upon the following obligation. “ Know all men by these presents, that I, Allen Fiske of Wayne, County of Kennebec, Stale of Maine, as principal, and Ezra Fiske and Moses Hubbard, do covenant and bind ourselves in the sum of three hundred dollars to K L. Lombard of said Wayne, to olear him from all liabilities, tax or assessment, that have or inay arise from said Lombard’s one share in the Scythe Factory in said Wayne. Given under our hands this 20th day of July, A. D. 1839.” Signed by the above named E. and A. Fiske and Hubbard. The plaintiiF proved, that at the time of the…
1Opinion of the Court
The opinion of the Court, Sheri-ey J. dissenting therefrom, was drawn up by
Whitman C. J.
This action is founded upon a written contract between the parties in which the defendants undertake “to clear him (the plaintiff) from all liabilities, tax or assessment, that have or may arise from said Lombard’s one share in the Scythe Factory.” This was the name used by a company of unincorporated individuals, who had associated to carry on the manufacture of scythes, of whom the plaintiff was one. A correct interpretation of this contract becomes essential in order to understand the ground of the…
2Cited by1 opinion
- Columbus Sewer Pipe Co. v. GanserMichigan Supreme Court · 1885