Palmer v. President York Bank
Supreme Judicial Court of Maine
The declaration in this action contained one count for money had and received; also a set of many counts, similar to that which is to follow, numbered one; also a set of counts similar to that herein numbered two; also a set of counts similar to that numbered three. The second and third sets of counts, were on the same bills, the one alleging a presentment thereof by Perkins, and the other by the plaintiff.
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The declaration in this action contained one count for money had and received; also a set of many counts, similar to that which is to follow, numbered one; also a set of counts similar to that herein numbered two; also a set of counts similar to that numbered three. The second and third sets of counts, were on the same bills, the one alleging a presentment thereof by Perkins, and the other by the plaintiff. The counts allege presentments at the bank at different times during the suspension of specie payments by the New England banks, the first on July 22, 1837, and the last on January 23,…
1Opinion of the Court
The opinion of the Court was drawn up and delivered at the April Term, 1841, by
Weston C. J.
In none of the counts in the plaintiff’s declaration, is there any reference to the statute, upon which he claims to be allowed four fold interest by way of damages. If this falls within the class of penal actions, the current of authorities require, that the facts charged should be averred to be against the form of the statute, upon which it is based. The statute, upon which the plaintiff relies, calls the twenty-four per cent, damages, it imposes, a penalty. A similar statute in Massachusetts is…
2Cases cited1 opinion
- Bayard v. SmithNew York Supreme Court · 1837
3Cited by10 opinions
- Tedesco v. Maryland Casualty Co.Supreme Court of Connecticut · 1941
- Auburn Harpswell Ass'n v. DaySupreme Judicial Court of Maine · 1981
- Gardner v. N.Y. N.E.R.R. Co.Supreme Court of Rhode Island · 1892
- Pamela A. Denutte v. U.S. Bank, N.A.Supreme Judicial Court of Maine · 2019
- Richardson v. FletcherSupreme Court of Vermont · 1902
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