Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 24

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 24

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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. 1846 edition. Excerpt: ...of the hay in payment of the note, but the reverse of it. He did not consider the whole note as paid, or he would not have indorsed upon it a partial payment. Besides, the doctrine of the de livery of a part for the whole of a quantity of goods is applicable only to the sale of goods. The instructions tended to lead the jury to draw a wrong inference from the facts, and therefore the verdict should be set aside. 6 Shepl. 436. ' Cony, for the plaintiff, said that the defendant attempted to escape the consequences of-appropriating to his own use property he knew did not belong to him, by denying that other parties have fulfilled a contract in which he had no interest. He contended, that Daniel Nash, the promisor, had done every thing the law required, by delivering the hay according to the terms of the note. The note was paid, and the hay became the property of the plaintiff. Wyman v. VVinslow, 2 Fairf. 398. N o weighing or turning out of the hay was necessary. And besides, if the maker of the note had not done_all that was necessary to make a legal tender of the hay in payment of the note, still the plaintiff might, if he chose, waive any irregularities, and accept the hay in payment. Hoyt v. Byrnes, 2 Fairf. 475. In this case there w$ both a legal tender, and an acceptance; and the instruction to the jury was correct. But even if there was an error or omission, still upon the whole case, as reported, the plaintiff is entitled to recover; and the Court, therefore, will not set aside the verdict. lVIcDonald v. Trafton, 15 Maine R. 225; French v. Stanley, 21 Maine R. 512. The opinion of the Court was drawn up by SI-IEPLEY J.--It appears from the bill of exceptions, that Daniel Nash, on September 13, 1838, by a contract in more

Product details

  • Paperback | 208 pages
  • 189 x 246 x 11mm | 381g
  • United States
  • English
  • black & white illustrations
  • 1236822765
  • 9781236822765