Supreme Judicial Court of Maine, 1876

Androscoggin Water Power Co. v. Metcalf

Androscoggin Water Power Co. v. Metcalf
Supreme Judicial Court of Maine · Decided March 15, 1876 · Appleton, Barrows, Daneorth, Peters, Virgin, Walton
65 Me. 40; 1876 Me. LEXIS 8
Androscoggin Water Power Co. v. Metcalf

Cases that cite this one

2 later published cases cite this decision.

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Opinion of the Court

Virgin, J.

The doctrine that the waiving of a tort and suing in assumpsit are limited to cases where the defendant has converted the property into money or its equivalent, is too firmly established in this state to be “pressed one step further.” Noyes v. Loring, 55 Maine, 408. Paine v. McGlinchy, 56 Maine, 50, and cases there cited. Default to be stricken of.

Case to stand for trial.

Appleton, O. J., Walton, Barrows, Daneorth and Peters, JJ., concurred.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.