Maine Reports Volume 99

Maine Reports Volume 99

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...Signed, Julins Kessler & Co., inc., Per H. P. Wilbur, Assistant Treasurer. 3rd. Because said declaration contains statements as to several distilleries in difierent parts of the United States which is in no part a portion of this declaration." That' demurrer was overruled, and exception taken. As to the first cause, the hill of items is, "Nelson Gagne, Dr.,"--but does not state the name of the creditor. But the declaration alleges a debt due from the defendant to Kessler & Co., according to the account annexed. The bill of items annexed has the same effect as if copied in the body of the declaration. It is equivalent to an allegation that defendant was indebted to Kessler & Co. for the items enumerated in the declaration itself, without an account annexed, and is sufiicient. The second ground is without merit. To entitle an assignee to sue in his own name, he must file with his writ the assignment or a copy thereof. R. S., 1903, c. 84, 146. It is quite as well to have that assignment in the account as on a separate paper. The third ground is baseless. The bill of items has printed on one corner the business card of Kessler & Co., and the names of several distilleries. The items were evidently written on the bill head of Julins Kessler & Co. This is harmless. Exceptions overruled. ISABELLE KEYES vs. SEcom BAPTIST CHURcH. Penobscot. Opinion December 2, 1904. Negligence. Way. Independent Contraaor. Verdict. 1. An independent contractor is one who carries on an independent business, and, in the line of his business, is employed to do a job of work, and in doing it, does not act under the direction and control of his employer, but determines for himself in what manner the work shall be done....show more

Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236877667
  • 9781236877666