Androscoggin Water Power Co. v. Metcalf

65 Me. 40, 1876 Me. LEXIS 8

Opinion

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.