Comstock v. Smith
Supreme Judicial Court of Maine
This case came before the Court on exceptions, and on a motion for a new trial, because the verdict was against the evidence. ' The last provision in the permit to cut timber from the agent of the proprietors to Bartlett was this.
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This case came before the Court on exceptions, and on a motion for a new trial, because the verdict was against the evidence. ' The last provision in the permit to cut timber from the agent of the proprietors to Bartlett was this. “ And all the timber cut on said land shall be and remain the property and subject to the control of said Stackpole, until one half of the amount of the stumpage for the lumber, cut under this permit, shall have been paid, which shall be on or before July 1, 1835, and an indorsed note or draft, satisfactory to said Stackpole, payable September 1, 1835, for the other…
1Opinion of the Court
The opinion of the Court was by
Whitman C. J.
This is an action of trespass for taking and carrying away a parcel of mill logs. The plaintiff' cut the timber, in the winter of 1834 — 5, on the land of certain proprietors, for whom one Stackpole was agent. Stackpole, as such agent, had contracted with one Bartlett to go on to the land, that winter, and cut and haul off timber ; which was to become his, only, upon his paying at a certain rate per M. for what he might cut. Bartlett thereupon, as if owner of the soil and timber upon it, contracted with the plaintiff to go on and cut upon similar…
2Cited by5 opinions
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- Mine & Smelter Supply Co. v. Parke & Lacy Co.Court of Appeals for the Eighth Circuit · 1901
- Grandy v. WalkerSupreme Court of North Carolina · 1952
- Palmer v. ElliotU.S. Circuit Court for the District of New Hampshire · 1858