Legal Opinion

Provost v. Piche

Supreme Judicial Court of Maine

Decided January 3, 1900Published

On Exceptions by Plaintiff. This was an action of assumpsit, brought before the Auburn municipal court, to recover one installment of ten dollars upon a non-negotiable note given by the defendant to the plaintiffs for the purchase of a sewing machine; and was there tried and appealed to this court, sitting at nisi prius, by the principal defendant, and a default was there entered for $10 damages, with interest from date of the writ.

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On Exceptions by Plaintiff. This was an action of assumpsit, brought before the Auburn municipal court, to recover one installment of ten dollars upon a non-negotiable note given by the defendant to the plaintiffs for the purchase of a sewing machine; and was there tried and appealed to this court, sitting at nisi prius, by the principal defendant, and a default was there entered for $10 damages, with interest from date of the writ. In the court below the trustee filed a disclosure that, at the service of the writ upon it, the sum of $13.37 was due the principal defendant for her personal…

1Opinion of the CourtWiswell, J.

This is an action of assumpsit to recover one installment due upon a non-negotiable note given by the defendant to the plaintiffs for the purchase of a sewing machine. The suit was commenced in the Auburn municipal court, and the exceptions state, “ was there tried and appealed to this court by the principal defendant.”

In the lower court the alleged trustee filed a disclosure showing that, at the time of the service of the writ upon him, there was due from him to the principal defendant the sum of $13.37 as wages for her personal labor performed within thirty days next before such service. In…

2Cases cited1 opinion

  1. Kellogg v. WaiteMassachusetts Supreme Judicial Court · 1868

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