Gowen v. Nowell

Supreme Judicial Court of Maine

Gowen v. Nowell

2 Me. 13

CourtSupreme Judicial Court of Maine

DecidedApril 15, 1822

StatusPublished

Cited by2 cases

This text of 2 Me. 13 (Gowen v. Nowell) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gowen v. Nowell, 2 Me. 13 (Me. 1822).

Pincite

Opinion

In debt on a bond with condition, and judgment rendered for the whole penalty, the defendant prayed to be heard in chancery, and that execution might not issue for more than was due in equity and good conscience, pursuant to the Statute. And a question being made, whose duty it was to prove what was the amount equitably due, — the court, after some conversation, held the onus probandi to be on the plaintiff.

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In debt on a bond with condition, and judgment rendered for the whole penalty, the defendant prayed to be heard in chancery, and that execution might not issue for more than was due in equity and good conscience, pursuant to the Statute. And a question being made, whose duty it was to prove what was the amount equitably due, — the court, after some conversation, held the onus probandi to be on the plaintiff.

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Bluebook (online)

2 Me. 13, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gowen-v-nowell-me-1822.

Opinion

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