Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 41

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 41

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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. 1858 edition. Excerpt: ...up stairs, concealed between the plastering and the chamber floor, in the store where they settled. He told him he wanted to settle up and get a note, so that the Boston chaps could not get the books, for if they did, they would trouble him, (the witness, ) by suing him. This was the reason he gave for having his books where they were. They settled, and the witness gave his note for about $50, to said John, after they had found the books. No other persons were present with the said John and the witness during this conversation. This testimony was objected to, but the Judge overruled the objection and admitted the testimony. The jury rendered a verdict for the plaintiffs. To the foregoing rulings the defendant excepted. Bronson and Paine, for plaintiff. The testimony of Sidelinger was properly admitted. Plaintiff was required to establish two propositions: --lst. That John Benner, by the transfer, intended to defraud his creditors. 2d. That the defendant knew of this intention and took the transfer to effect it. To establish the first proposition, it was competent for plaintiff to show the conduct of John subsequent to the transfer. 'Richmond v. Vassalboro', 5 Maine, 396. When one is doing an act, his declarations of his motives are admissible. Wayne v. Greene, 21 Maine, 357. The declarations were explanatory of the act, and so connected with it as to fall within the principle of res gestw. 1 Starkie, 47. As the instructions are not complained of, it may be presumed they were correct. Bradbury Q Morrill, for defendant. 1. The caption to Keith's deposition is defective, and the deposition was not admissible. It does not show by express terms, nor by necessary implication, that the deponent was sworn according to the...
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Product details

  • Paperback | 216 pages
  • 189 x 246 x 12mm | 395g
  • United States
  • English
  • black & white illustrations
  • 1236922581
  • 9781236922588