Caleb v. Hearn
| Decision Date | 18 May 1881 |
| Citation | 72 Me. 231 |
| Parties | GEORGE A. CALEB, in equity, v. GEORGE HEARN. |
| Court | Maine Supreme Court |
DEMURRER to bill in equity.
The bill alleges that the plaintiff is the son and only heir of John O. Caleb, who died at the Sailors Snug Harbor in New York, that the decedent at the time of his decease, was possessed of the sum of twenty-nine hundred dollars on deposit in the Seaman's Bank for Savings in New York, and of other personal property amounting to two hundred dollars in money, clothing, valuable papers, etc. of which the plaintiff can give no particular description; that the defendant without any power or authority from the plaintiff but under color of a false and pretended power of attorney without the knowledge of the plaintiff, withdrew the money from the Seaman's Bank for Savings, and took all the rest of the personal property and effects of the decedent, and withholds and embezzles all of said money and effects from the plaintiff, and has brought the same into this State; that the plaintiff has made a demand upon the defendant for all such funds, property and effects, but the defendant falsely and fraudulently refuses to pay and deliver the same to him the defendant falsely pretending and setting up that the decedent and the plaintiff were indebted to him in large sums of money; that the defendant refuses to make any settlement and so " this complainant charges that the respondent has falsely and fraudulently and without authority, obtained possession of said property, funds, papers, & c. of this complainant, and falsely and willfully refuses to pay over or account for the same to this complainant, but converts and embezzles the same to his own use and benefit."
Clifford and Clifford, for the plaintiff.
The plaintiff can sue in his own name. Gage v. Johnson, 20 Me. 438.
If ancillary letters are necessary, then plaintiff moves proper disposition of the cause to that end and preserve the attachment. Parsons v. Lyman, 20 N.Y. 124.
Formal party can come in before the master, or there may be a supplemental bill or amendment adding representative. Daniel's Ch. Pr. 197; Story's Eq. Pl. § § 77, 238, 541, 543.
P. J. Larrabee and M. P. Frank, for the defendant, cited: 1 Daniel's Ch. Pr. 214-216, 331; Fletcher v. Holmes, 40 Me. 365; Crooker v. Rogers, 58 Me. 339; P. F. & M. Ins. Co. v. Hill, 60 Me. 178; Caswell v. Caswell, 28 Me. 232; Law v. Thorndike, 20 Pick. 317.
On demurrer. If the complainant has suffered in consequence of the misdoings of the defendant charged in the bill, it is nevertheless indirectly, and complainant has...
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... ... Ehman, ... 62 N. J. Eq. 314, 321, 49 A. 1085; Paramore v ... Fitzgerald, 67 Ga. 360; Johnson v. Connecticut ... Bank, 21 Conn. 148, 157; Caleb v. Mearn, 72 Me ... 231; Ideal Clothing Co. v. Hazle, 126 Mich. 262, 85 ... N.W. 735; Fuller v. Davis' Sons, 184 Ill. 505, ... 512, 56 N.E. 791; ... ...
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Hutchins v. Hutchins .
...the property of the estate of which he is a beneficiary, and a decree of distribution has been issued. Bean v. Bumpus, 22 Me. 549; Caleb v. Hearn, 72 Me. 231; Palmer v. Palmer, supra; Wright v. Holmes, supra; Leighton's Probate Law and Practice, section 459. This procedure insures proper di......
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American Oil Co. v. Carlisle
...this is not one, there can be no remedy in equity. Such cases are not within the jurisdiction of an equity court. We said in Caleb v. Hearn, 72 Me. 231:-- ‘The only relief sought, is compensation in damages for a wrong fully accomplished, and done to the estate of John O. Caleb, whose admin......
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...rule strictly are: West v. Howard, 20 Conn. 581; Lawrence v. Wright, 23 Pick. (Mass.) 128; Woodin v. Bagley, 13 Wend. (N. Y.) 453; Caleb v. Mearn, 72 Me. 231; Lee v. Gibbons, 14 Serg. & R. (Pa.) 105; Champollion v. Corbin, 71 N. H. 78, 51 Atl. 674; Douglass v. McCarer, 80 Ind. 91; Pond v. S......