Moore v. Lothrop
Decision Date | 21 June 1883 |
Citation | 75 Me. 301 |
Parties | ALBERT MOORE, Judge of Probate, v. SULLIVAN LOTHROP and others. |
Court | Maine Supreme Court |
ON EXCEPTIONS.
Debt on an administrator's bond to the judge of probate. The writ was dated February 15, 1882. The defendants' demurrer to the declaration was overruled, pro forma, and they alleged exceptions.
(Declaration.)
…
E. N. Merrill, for the plaintiff.
D. D. Stewart, for the defendants.
That the defendants bound themselves to the Probate Judge as alleged in the declaration, was a traversable fact, and the declaration is defective in not alleging the precise day on which they did it. Platt v. Jones, 59 Me. 232, 241 and authorities cited; Gilmore v. Mathews, 67 Me. 520; Gray v. Sidelinger, 72 Me. 114; Serjeant Williams says in note (3) to Mellor v. Walker, Williams' Saunders, vol. 2, p. 5 b. that " if the day in the declaration be material as in an action upon a bond, bill of exchange, promissory note, and the like, the plaintiff, in his replication, cannot vary from the day without a departure. See as to parol contracts, Little v. Blunt, 16...
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