Getchell v. Kirkby
Supreme Judicial Court of Maine
On motion and exceptions by the plaintiff. This is an action of assumpsit, to recover for interest and the first instalment on a note for $2700, given by defendant to plaintiff as part consideration for plaintiff’s farm, sold and conveyed to defendant, and payable in instalments. The defense was fraud and false representations by plaintiff in the sale of said farm. Plea, general' issue.
Read the full summary
On motion and exceptions by the plaintiff. This is an action of assumpsit, to recover for interest and the first instalment on a note for $2700, given by defendant to plaintiff as part consideration for plaintiff’s farm, sold and conveyed to defendant, and payable in instalments. The defense was fraud and false representations by plaintiff in the sale of said farm. Plea, general' issue. The jury returned a verdict for the defendant, and plaintiff filed a general motion for a new trial and had exceptions to certain rulings of the presiding Justice. The case is stated in the opinion.'
1Opinion of the CourtHanson, J.
This is an action of assumpsit for interest and the first instalment on a note'for $2700 payable $100 per annum, with interest payable annually. The verdict was for the defendant, and the case is here on motion and exceptions by the plaintiff.-
The plaintiff sold a farm to the defendant on May 1,1913, receiving therefor $400 in cash and the above note, and also an agreement to secure him on a part of the crops to insure the first two payments. Before the sale was made, the plaintiff told the defendant that the farm had yielded 38 tons of hay the previous year, and that the income from all…
2Cases cited1 opinion
- Union Railroad v. DullSupreme Court of the United States · 1888
3Cited by9 opinions
- Eaton v. SontagSupreme Judicial Court of Maine · 1978
- Washburn's CaseSupreme Judicial Court of Maine · 1924
- Stewart v. WinterSupreme Judicial Court of Maine · 1934
- Glenwood Farms, Inc. v. O'ConnorDistrict Court, D. Maine · 2009
- Clappison v. FoleySupreme Judicial Court of Maine · 1953
4 more not listed; retrieve them via the Exa API.