American Mercantile Exchange v. Blunt
Supreme Judicial Court of Maine
On report. Judgment for defendant. Assumpsit on a contract made November 24, 1897, by the plaintiff corporation, a collection agency, and the defendant in relation to the collection of claims placed in the hands of the plaintiff by the defendant. The plaintiff alleged that the defendant had failed to perform his part of the contract and that in consequence of this failure the defendant owed the plaintiff $75.00 for subscriptions.
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On report. Judgment for defendant. Assumpsit on a contract made November 24, 1897, by the plaintiff corporation, a collection agency, and the defendant in relation to the collection of claims placed in the hands of the plaintiff by the defendant. The plaintiff alleged that the defendant had failed to perform his part of the contract and that in consequence of this failure the defendant owed the plaintiff $75.00 for subscriptions. The action was brought to recover this sum of $75.00. The writ was dated May 5, 1905. Plea, the general issue with the following brief statement: “ And for brief…
1Opinion of the CourtSpear, J.
This action is based upon a contract wherein the plaintiff avers that the defendant has failed of performance on his part and in consequence of such failure, is indebted to the plaintiff in the sum of $75. The essential part of the contract under which the plaintiff claims is as follows :
“American Mercantile Exchange.
Incorporated Nov. 24, 1897.
“In consideration of an annual contract in above Agency, I hereby agree to pay said Agency, or order, all sums of money as collected out of accounts placed in said Agency’s hands by me, whether such collections or settlements are made through said…
2Cases cited1 opinion
- Bishop v. PalmerMassachusetts Supreme Judicial Court · 1888
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- Koen v. Fairmont Brewing Co.West Virginia Supreme Court · 1911
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