McGuire v. Inhabitants of Linneus
Supreme Judicial Court of Maine
On report on agreed statement of facts. Assumpsit. Writ, dated August 21, 1880. Plea, general issue and statute of limitations. The facts are stated in the opinion. cited: Gilman v. Patten, 70 Maine, 183; Biggs v. Lee, 61 Maine, 499 ; Ilosmer v. Clarke, 2 Maine, 308 ; 9 Pick. 490 ; 1 Sumner, 478; 3 Pars. Contr. 92, 93; Hill on Trustees, 375, 64, 264; Lee v. Lanahan, 59 Maine, 478 ; 60 Maine, 158; Perry on Trusts, § § 850, 24, 42, 45, 30; 63 Maine, 404; 3 Bac. Abr. 510; Ang.
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On report on agreed statement of facts. Assumpsit. Writ, dated August 21, 1880. Plea, general issue and statute of limitations. The facts are stated in the opinion. cited: Gilman v. Patten, 70 Maine, 183; Biggs v. Lee, 61 Maine, 499 ; Ilosmer v. Clarke, 2 Maine, 308 ; 9 Pick. 490 ; 1 Sumner, 478; 3 Pars. Contr. 92, 93; Hill on Trustees, 375, 64, 264; Lee v. Lanahan, 59 Maine, 478 ; 60 Maine, 158; Perry on Trusts, § § 850, 24, 42, 45, 30; 63 Maine, 404; 3 Bac. Abr. 510; Ang. Lim. 166, 168. The demand in this case was not made within a reasonable time. Some nine or ten years elapsed after…
1Opinion of the CourtVirgin, J.
The plaintiff seeks to recover a share of the "surplus” of the sum received by the defendants, under the provisions of the equalization statute, above the amount actually paid *345out by them for bounties. The defendants do not deny that the "facts agreed” would bring' the plaintiff’s case within the provisions of the statute as it has been construed by the court-, and would entitle him to recover, provided, he had seasonably made his demand, and brought his action ; but contend that his right of action was barred by the general statute of limitations before ho made his demand. But our opinion is…
2Cases cited2 opinions
- Jones v. McDermottMassachusetts Supreme Judicial Court · 1874
- Childs v. JordanMassachusetts Supreme Judicial Court · 1871
3Cited by4 opinions
- MacMullan v. KellyCalifornia Court of Appeal · 1912
- Miller & Lux v. BatzCalifornia Supreme Court · 1904
- Bidwell v. City of TacomaWashington Supreme Court · 1901
- Dunn v. BarnumCourt of Appeals for the Eighth Circuit · 1892