Johnson v. Day
Supreme Judicial Court of Maine
On exceptions and motion from superior court. Trover. Verdict was for twenty-three dollars and ninety-one cents. The exceptions and motion for new trial were by the defendant. The facts are sufficiently stated in the opinion. cited : 2 Benj. Sales, c. 1; Best, Ev. 895. contended that the statement of defendant’s son was not admissible in evidence. Such testimony is admissible in two conditions.
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On exceptions and motion from superior court. Trover. Verdict was for twenty-three dollars and ninety-one cents. The exceptions and motion for new trial were by the defendant. The facts are sufficiently stated in the opinion. cited : 2 Benj. Sales, c. 1; Best, Ev. 895. contended that the statement of defendant’s son was not admissible in evidence. Such testimony is admissible in two conditions. (1) " When silence is of such a nature as to lead to the inference of assent,” or "if a party is silent when he ought to speak.” (2) That the party upon whom a reply rests heard the statement to ivhich…
1Opinion of the CourtWalton, J.
This is an action of trover for a quantity of old iron of the alleged value of twenty-three dollars and six cents. The iron was once a part of the toll bridge at Hallowell, which *225Was earned away by a freshet in the fall of 1869 or the winter of 1870. The iron had lain at the bottom of the Kennebec river for over fourteen years; and so far as appears, no one had during all that time made any effort to recover it, or to ascertain even where it lay. But in August, 1884, the plaintiffs, one of whom appears to have been a professional diver, by the aid of a diving suit and other apparatus, found…
2Cited by1 opinion
- Morin v. CarneySupreme Judicial Court of Maine · 1933