The Reporter; Containing Decisions of the Supreme and Circuit Courts of the United States, Courts of Last Resort in the Several States, and the English Courts Volume 1

The Reporter; Containing Decisions of the Supreme and Circuit Courts of the United States, Courts of Last Resort in the Several States, and the English Courts Volume 1

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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. 1876 edition. Excerpt: ...court, petitioner had conveyed all his interest in the premises. The court overruled the objection and accepted the report. The defendants excepted. The counsel, in arguing his exceptions, relied also upon the want of title in the petitioner as an objection to the report. Held. 1. This objection not being stated in the bill of exceptions, is not open to the excepting party. 2. The statute giving damages to the owner means the owner at the time of the injury. Opinion by Dnvronrn, J.; APPLETON, C. J., DICKERSON, Vmonv, Pumas and Lrnssv, JJ., concurred. Exceptions overruled. Supreme Oourt of Maine. Ware v. Gowen and trustees. 11, 1876.) 1. When labor contracted for is performed, and there remains only to fix its amount and value, the fact that by the contract the payment is to be made on an estimate and certificate of a third person, does not constitute a contingency within the rneanina of the statute. 2. "Due absolutely and not upon a contincy" is applicable to the past earnings of a party payable in the future upon the estimate and certificate of a third person. 3. Thus: Defendant Gowen wrought for R. R. 0'0. to the end of May. By the contract, he was to be paid on the middle of June for the work of May on the estimate and certi cate of (, 'o.'s engineer. On June 4t). the company were served with: olaintifi's summons to answer as trustees of Gowen; the estimate andh certificate were completed on the 101'. Held. (a) The company were chargeable as trustees. (b) Payment was due absolutely and not upon a contingency. (c) The amount due on June lst was not payable till 15th. 4. Chapter 86 Sects. 55 and 61 Revised Statutes of Mairze construed. On facts stated. The Bangor & Bucksport Railroad were summoned as...show more

Product details

  • Paperback | 450 pages
  • 189 x 246 x 23mm | 798g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236949420
  • 9781236949424