Clark v. Sylvester

• Decision Date: 31 January 1888
• Citation: 13 A. 404
• Parties: CLARK v. SYLVESTER.
• Court: Maine Supreme Court

13 A. 404

CLARK

v. SYLVESTER.¹

Supreme Judicial Court of Maine.

January 31, 1888.

On motion for new trial from supreme judicial court, Waldo county.

Assumpsit for money had and received. The verdict was for the plaintiff in the sum of $101.75, and the defendant filed a motion for new trial on the ground that the verdict was against the evidence.

Wm. H. Fogler, for plaintiff. W. P. Thompson and R. F. Dunton, for defendant.

PER CURIAM. This case shows that the plaintiff bought of Prancis Low a quantity of hay upon which the defendant had a lien to secure a certain claim he had against Low. Of this lien the plaintiff had no knowledge at the time of the purchase. Subsequently, and after a portion of the hay had been delivered, and some payments had been made, the defendant notified the plaintiff of his lien, and claimed that the balance of the proceeds, or enough to discharge his lien, should be paid to him, or upon his lien. In consequence of this, as appears by a decided preponderance of evidence, the plaintiff paid a note on which the defendant was surety for Low, and which was claimed to be included in the lien, and $200 to the defendant, $100 of which proved to be an over-payment by a mistake. There is some conflict in some parts of the testimony, but our conclusion is that the verdict is sustained both by the law and evidence. Motion overruled.

1 Reported by Leslie C. Cornish, Esq., of the Augusta bar.