Pomeroy v. Prescott
Supreme Judicial Court of Maine
On exceptions by plaintiff. Assumpsit on an account annexed wherein the plaintiff sought to recover from the defendant the sum of $283.00 for services in decorating the auditorium at Portland, preparatory to holding an automobile show in February, 1906. Plea, the general issue, with the following brief statement: "That, as to the second, third, fourth, fifth, sixth, seventh, eighth and ninth items of the account annexed in the plaintiff’s writ, the defendant says that any…
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On exceptions by plaintiff. Assumpsit on an account annexed wherein the plaintiff sought to recover from the defendant the sum of $283.00 for services in decorating the auditorium at Portland, preparatory to holding an automobile show in February, 1906. Plea, the general issue, with the following brief statement: "That, as to the second, third, fourth, fifth, sixth, seventh, eighth and ninth items of the account annexed in the plaintiff’s writ, the defendant says that any promise to pay said amounts was not in writing, or evidenced by memorandum in writing, and within the statute of frauds,…
1Opinion of the CourtWhitehouse, J.
This is an action of assumpsit on an account annexed, wherein the plaintiff seeks to recover from the defendant the sum of $283.00, for services in decorating the auditorium at Portland, preparatory to holding an automobile show in February, 1906.
It appears that the claim in suit comprised thirteen items. The first four amounted to $120, and the remaining nine aggregated $163. The defendant pleaded the general issue with a brief statement in which it was alleged that any promise on the part of the defendant to pay the last nine items in the account was a promise to pay the debt of another;…
2Cases cited11 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Secor v. . SturgisNew York Court of Appeals · 1858
- Burritt v. BelfySupreme Court of Connecticut · 1879
- Lewis v. . DuaneNew York Court of Appeals · 1894
- Davis v. HallSupreme Court of Missouri · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- John O. England, Trustee of the Estate of Irene Mansfeldt, Bankrupt v. Morgan J. DoyleCourt of Appeals for the Ninth Circuit · 1960
- Laurel Bank and Trust Co. v. BurnsSupreme Judicial Court of Maine · 1979
- Semple v. SempleSupreme Court of Florida · 1925
- Barber-Colman Co. v. Magnano Corp.Court of Appeals for the First Circuit · 1924
- Barton v. TombariWashington Supreme Court · 1922
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