Milliken v. Tufts
Supreme Judicial Court of Maine
Exceptions. Assumpsit on an account. The writ was issued April 25, 1848. The account consisted of two items, viz : — 1847, October 13. To leather, $421,20 “ November 23, To leather, 361,69 The plaintiffs gave credit to the defendants, as follows: — 1847, June 15, $23,88. 1848, June 27, $61,37. On May 31,1848, the plaintiffs received from the defendants, certain notes against other persons, which, when collected, were to be credited to the defendants ; and prior to November,…
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Exceptions. Assumpsit on an account. The writ was issued April 25, 1848. The account consisted of two items, viz : — 1847, October 13. To leather, $421,20 “ November 23, To leather, 361,69 The plaintiffs gave credit to the defendants, as follows: — 1847, June 15, $23,88. 1848, June 27, $61,37. On May 31,1848, the plaintiffs received from the defendants, certain notes against other persons, which, when collected, were to be credited to the defendants ; and prior to November, 1848, the plaintiffs had received upon said collateral notes, a sum, which, with the above items of credit, was a few'…
1Opinion of the CourtTenney, J.
The evidence, relied upon by the defendants, to show that a credit of six months was given to them, is in letters of the plaintiffs, and also in a receipt for certain notes as collateral security; upon a proper construction of this evidence, such a credit is to be inferred. Consequently if their import should have been determined by the court, instead of being submitted to the jury, the result would be the same, and the verdict should not be disturbed for this cause.
In the appropriation of indefinite payments made by a debtor to his creditor, holding different claims, when none has been made…
2Cases cited2 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Gass v. StinsonU.S. Circuit Court for the District of Massachusetts · 1837
3Cited by6 opinions
- American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
- Norris v. BeatyWest Virginia Supreme Court · 1873
- Nichols, Shepherd & Co. v. KnowlesU.S. Circuit Court for the District of Minnesota · 1881
- Applegate v. KoonsIndiana Supreme Court · 1881
- Applegate v. KoonsIndiana Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.