Junkins v. Simpson
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Whitman C. J. presiding. Replevin for a yoke of oxen. It was proved, that about the first of June, 1835, Elias Junkins, the plaintiff’s intestate, then living, and who died the sixth of September, 1835, exchanged oxen with the defendant, and paid him ten dollars on the exchange. That after the death of the intestate, Sept.
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Exceptions from the Court of Common Pleas, Whitman C. J. presiding. Replevin for a yoke of oxen. It was proved, that about the first of June, 1835, Elias Junkins, the plaintiff’s intestate, then living, and who died the sixth of September, 1835, exchanged oxen with the defendant, and paid him ten dollars on the exchange. That after the death of the intestate, Sept. L7th, Edward Simpson, jr. notified the defendant, that he had a bill of sale of said oxen to secure the payment of fourteen dollars, and unless the same was paid, lie should consider the oxen accountable; that the defendant, upon…
1Opinion of the Court
The opinion of the Court was drawn up, and delivered on the circuit at Oxford, by
Shepley J.
The facts in this case are presented in the bill of exceptions to the instructions given to the jury in the Court of Common Pleas. The first inquiry is, whether there was such a fraud practised by the plaintiff’s intestate upon the defendant, in the exchange of the oxen, as to vacate the contract. It is insisted by the counsel for the defendant, that the contract was wholly void by reason of such fraud. Truth and good faith are certainly required by the law in the dealings between man and man ; and…
2Cases cited3 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Bliss v. ThompsonMassachusetts Supreme Judicial Court · 1808
3Cited by9 opinions
- Bacon & Co. v. MoodySupreme Court of Georgia · 1903
- Rosenthal v. RosenthalSupreme Judicial Court of Maine · 1988
- Auld v. TravisColorado Court of Appeals · 1895
- Food Co. v. . ElliottSupreme Court of North Carolina · 1909
- Harmony Homes Corp. v. CraggSupreme Judicial Court of Maine · 1978
4 more not listed; retrieve them via the Exa API.