Closson v. Means
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Hathaway, J., presiding. o Account. The defendant was alleged to have been the bailiff of the plaintiffs from Dec. 1849 to June, 1852, having the care and management of seven-eighths of schooner Quadratus and divers goods and merchandize belonging to plaintiffs, of the value of $5000, to make profit thereof for plaintiffs, and thereof to render his reasonable account on demand.
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On Exceptions from Nisi Prius, Hathaway, J., presiding. o Account. The defendant was alleged to have been the bailiff of the plaintiffs from Dec. 1849 to June, 1852, having the care and management of seven-eighths of schooner Quadratus and divers goods and merchandize belonging to plaintiffs, of the value of $5000, to make profit thereof for plaintiffs, and thereof to render his reasonable account on demand. At the second term of the Court after entry of this action, judgment was rendered that defendant should account, and auditors were appointed, who at a subsequent term made their report.…
1Opinion of the CourtAppleton, J.
’The action of account, though regarded: as an antique remedy, seems to have been occasionally adopted in most of the States. Gratz v. Phillips, 3 Bin. 474; Wilson v. Wilson, 2 South. 791; Smith v. Woods, 3 Verm. 485; Green v. Johnson, 3 Gill. & Johns. 388; McPherson v. McPherson, 11 Iredell, 391; Hale v. Hale, 3 Day, 377; Kelley v. Kelley, 3 Barb. 419. It was resolved, in Fowle v. Kirkland, 18 Pick. 299, that this form of action was maintainable in Massachusetts, before its abolition by R. S., c. 118, § 43. In this State, it is expressly sanctioned by R. S., c. 115, § 57, and there have been…
2Cases cited4 opinions
- Kelly v. KellyNew York Supreme Court · 1848
- Smith v. WoodsSupreme Court of Vermont · 1831
- Gratz v. PhillipsSupreme Court of Pennsylvania · 1811
- Hale v. HaleSupreme Court of Connecticut · 1809
3Cited by4 opinions
- Copp v. HennikerSupreme Court of New Hampshire · 1875
- Davis v. HoferOregon Supreme Court · 1900
- Almy v. DanielsSupreme Court of Rhode Island · 1886
- Whipple v. WhippleSupreme Court of Rhode Island · 1882