Varner v. Inhabitants of Nobleborough
Supreme Judicial Court of Maine
AssumpsiU The declaration contained two counts — one on ah insimul computassent — and the other being a general indebita* tus assumpsit — to which the general issue was pleaded. To support the action, the plaintiff read to the jury an order drawn by the selectmen of Nobleborough on David Dennis, their treasurer, requesting him to pay the plaintiff a Certain sum, being the amount due him for building a bridge for said town.
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AssumpsiU The declaration contained two counts — one on ah insimul computassent — and the other being a general indebita* tus assumpsit — to which the general issue was pleaded. To support the action, the plaintiff read to the jury an order drawn by the selectmen of Nobleborough on David Dennis, their treasurer, requesting him to pay the plaintiff a Certain sum, being the amount due him for building a bridge for said town. But there was no proof offered that the order was ever presented to the treasurer for payment. Hereupon, by consent of parties, a nonsuit was entered, subject to the…
1Opinion of the Court
Mellen C. J.
Although in this case there is no count upon the order, yet as there is one for services performed, and another upon an insimul computassent, we apprehend it was competent *123for the plaintiff to declare in the manner abovementioned against the defendants, and maintain the action by giving the order in evidence, as well as by declaring on the order itself: and that in this respect, it is immaterial whether the order be considered as an extinguishment of the original cause of. action or not.
The plaintiff has relied upon a decision of the Supreme Judicial Court of Massachusetts, not…
2Cases cited8 opinions
- Jones v. FalesMassachusetts Supreme Judicial Court · 1808
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
- President of the Berkshire Bank v. JonesMassachusetts Supreme Judicial Court · 1810
- President, Directors, & Co. v. PageMassachusetts Supreme Judicial Court · 1812
- Blanchard v. HilliardMassachusetts Supreme Judicial Court · 1814
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Connersville v. Connersville Hydraulic Co.Indiana Supreme Court · 1882
- Palmer v. ElliotU.S. Circuit Court for the District of New Hampshire · 1858
- Bank of Newbury v. BaldwinU.S. Circuit Court for the District of Massachusetts · 1860