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82 Me. 574

Pinkham v. Appleton

Supreme Judicial Court of Maine

Decided May 30, 1890

Supreme Judicial Court of Maine · decided 1890-05-30

On report. This was an action of trover to determine the question of title and ownership in seventy cords of furnace-wood, forty-eight cords of poplar wood, and four and one-half cords of spruce wood, which the defendant took and sold as the property of the company, of which he is the assignee. The defendant was found liable, for the poplar and spruce wood, upon the same state of facts existing in the preceding case, Ballantyne v. Appleton.

Cited by 1 later decisions — most recently November 1896

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1890-05-30

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Libbey, J.

¶1The plaintiff’s claim for the poplar and spruce wood falls within the rule declared in Ballantyne v. Appleton, supra.

¶2But we think the dry furnace-wood for which the plaintiffs claim does not. It appears that this wood was hauled and delivered near the furnace of the company, for its accommodation, was surveyed by Richardson, appointed by the company, and sixty-one cords of it used by the company from time to time before its insolvency. True, Richardson was not a duly appointed and sworn surveyor; still we think his survey was with the knowledge of the plaintiffs, and that the wood was delivered by them to the company to be used by it as it had occasion to. And as to this wood, we think the title passed to the company, and the plaintiffs cannot recover for it of the defendant. Mixer v. Cook, 31 Maine, 340.

¶3Judgment for the plaintiffs for $198, with interest from the 12th day of May 1887.

Peters, C. J., Walton, Emery, Haskell and Whitehotjse, JJ., concurred.
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