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49 Me. 381

Ames v. Taylor

Supreme Judicial Court of Maine

Decided July 1, 1861

Supreme Judicial Court of Maine · decided 1861-07-01

On Report. Assumpsit by the plaintiff, as deputy sheriff, against the defendant for breach of an agreement to keep property seized on execution.

Cited by 1 later decisions — most recently January 1924

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-07-01

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¶1The opinion of the Court was ■ drawn up by

GIoodenow, J.

¶2In my opinion, it appears from the evidence reported, that the wagons were legally seized by the plaintiff, on execution, and the seizure was not abandoned, nor lost, up to the time when the agreement was made with the defendant; that the agreement alleged in the writ is proved by two witnesses, and is satisfactorily established, notwithstanding the denial of the defendant, whose complicity with the debtor, in the fraudulent secreting of-his property may well be suspected; that said agreement is founded on a good and legal consideration; and that the defendant has failed to perform the same.

¶3The wagons are alleged in the writ to have been of the value of one hundred and sixty dollars, and the testimony proves them to have been of that value.

¶4Judgment for the plaintiff. — Damages, §160, with interest from November 15, 1858.

Tenney, C. J., Rice, May, Davis and Kent, JJ., concurred.
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