Leach v. Perkins
Supreme Judicial Court of Maine
Exceptions from the District Court, for the Eastern District, Allen J. presiding. Assumpsit for labor done upon the schooner Coral.
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Exceptions from the District Court, for the Eastern District, Allen J. presiding. Assumpsit for labor done upon the schooner Coral. With the general issue there was a brief statement setting forth', that the promise, if any was made, was made jointly with the defendant and seven others, and not by the defendant alone ; “ it having been agreed between the parties, that all matters both in bar and abatement might be taken advantage of by the defendant under the gen-: eral issue and brief statement.” Testimony was introduced by the plaintiff, tending to show, that the plaintiff was hired by the…
1Opinion of the Court
The opinion-of the Court, (Emery J. taking no part in the decision, having been employed in trying jury causes in the county of Washington, when the case was argued,) was drawn up by
SiifcPEEY J.
The rights of parties are to be determined by law, and not by any local custom or usage, unless there be proof, that such custom or usage-is .certain, general, frequent, and so ancient- as to be'generally known and acted upon. In such cases, if the Courts adjudge it to.be reasonable, it'affects the rights- of' the parties upon the presumption, that they have made their contract with reference.to it. 3…
2Cases cited7 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- United States v. FillebrownSupreme Court of the United States · 1833
- Goodenow v. TylerMassachusetts Supreme Judicial Court · 1810
- Blanchard v. HilliardMassachusetts Supreme Judicial Court · 1814
- Halsey v. BrownSupreme Court of Connecticut · 1809
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3Cited by2 opinions
- Currie v. Syndicate Des Cultivators Des Oignons a'FleurAppellate Court of Illinois · 1902
- Heistand v. BatemanSupreme Court of Colorado · 1907