Dodge v. Barnes
Supreme Judicial Court of Maine
Assumpsit upon a written contract, in Avhich the defendant, after reciting that he had transferred to Thomas Dodge eight shares in the Anson Woolen Factory, promised said Dodge to. pay him $376, provided said Dodge should, on the first day of June, 1846, transfer to the defendant eight shares in said factory.
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Assumpsit upon a written contract, in Avhich the defendant, after reciting that he had transferred to Thomas Dodge eight shares in the Anson Woolen Factory, promised said Dodge to. pay him $376, provided said Dodge should, on the first day of June, 1846, transfer to the defendant eight shares in said factory. Testimony was offered by the plaintiff, tending to show that, on the 30th day of May, 1846, one Cobb, claiming to act in behalf of the plaintiff, Thomas T. Dodge, left with the treasurer of the Anson Woolen Manufacturing Company, certificates of eight shares in the stock of said company,…
1Opinion of the Court
Howard, J. orally.
The variances, relied upon, constitute no sufficient defence'. The recital in the contract and the records of the transfer, mentioned in the recital, manifestly show the trade to have been with the plaintiff, and that it related to shares in the Anson Woolen Manufacturing Company.
It is objected that the declaration contains no averment of the identities. But that omission is supplied by the proofs.
The transfer made May 30, would be in force on the 1st of June. As respects time, the transfer was therefore sufficient.
When the plaintiff, through his agent, Gage, demanded pay of…
2Cited by2 opinions
- Turnbull v. PaysonSupreme Court of the United States · 1877
- Kinkead v. Holmes & Bull Furniture Co.Washington Supreme Court · 1901