Dyer v. Snow
Supreme Judicial Court of Maine
Exceptions from the ruling of Appleton, J., and on Motion for new trial. Assumpsit for labor done upon and materials furnished for the schooner Chance. A copy .of the enrolment of the vessel was offered, to prove that the defendant was owner, which, against the objection of defendant, was admitted.
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Exceptions from the ruling of Appleton, J., and on Motion for new trial. Assumpsit for labor done upon and materials furnished for the schooner Chance. A copy .of the enrolment of the vessel was offered, to prove that the defendant was owner, which, against the objection of defendant, was admitted. The enrolment was issued by "W. E. Tolman, deputy collector at Rockland; the copy was certified by his successor T. K. Osgood, as being “ a true copy of the original enrolment, on file in the office.” The portions of the testimony reported, which are material, appear in the opinion of the Court.
1Opinion of the Court
*255The opinion of the Court was drawn up by
Tenney, C. Ji
This is an action of assumpsit, for the recovery of the value of labor and materials done and furnished by the plaintiff for the schooner Chance. The plaintiff was allowed, against the objection of the defendant, to introduce the copy of enrolment of the vessel, with the following certificate thereon. — “I hereby certify, under my hand and seal, that this is a true copy of the original enrolment on file in this office. “Eockland, Oct. 12, 1858.
“ [l. s.] T. K. Osgood, Dy. Coll.”
The enrolment is not a species of evidence of a higher nature…
2Cases cited2 opinions
- Weston v. PennimanU.S. Circuit Court for the District of Massachusetts · 1817
- Coolidge & Oliver v. New-York Firemen InsuranceNew York Supreme Court · 1817
3Cited by1 opinion
- May v. HurleySupreme Court of New Jersey · 1909