Nathan M. Rodman Co. v. Kostis
Supreme Judicial Court of Maine
On motion for new trial. This is an action of assumpsit brought -by Nathan M. Rodman Company against Peter Kostis to recover for certain produce sold by plaintiff corporation to defendant. The action was tried by jury at the January term, 1921, of the Supreme •Judicial Court in York County, and the jury rendered a directed verdict for plaintiff, and defendant filed a general motion for a new trial.
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On motion for new trial. This is an action of assumpsit brought -by Nathan M. Rodman Company against Peter Kostis to recover for certain produce sold by plaintiff corporation to defendant. The action was tried by jury at the January term, 1921, of the Supreme •Judicial Court in York County, and the jury rendered a directed verdict for plaintiff, and defendant filed a general motion for a new trial. At the following May term of said court defendant filed a motion for new trial on the ground of newly discovered evidence. The newly discovered evidence motion sustained. The case is stated in the…
1Opinion of the CourtDunn, J.
This plaintiff is a corporation engaging in business as a commission merchant in Boston. Defendant lives at Sanford where he has a store. The action is assumpsit on an account annexed to the writ for fifty barrels of potatoes. Plaintiff’s contention is that it sold and delivered the potatoes to the defendant in two lots, the first of twenty barrels on July 2, 1920, and the second exactly one week later. Liability is flatly denied. It is uncontroverted that defendant had the potatoes. There is no dispute that the one lot was shipped directly to him from the plaintiff’s store, and that the…
2Cited by6 opinions
- Bourisk v. Mohican Co.Supreme Judicial Court of Maine · 1934
- Shalit v. ShalitSupreme Judicial Court of Maine · 1927
- Kimball v. ClarkSupreme Judicial Court of Maine · 1935
- Boisvert v. CharestSupreme Judicial Court of Maine · 1937
- Bumpus v. LyonSupreme Judicial Court of Maine · 1934
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