102 Me. 426 | Me. | 1907
This is an action of assumpsit brought by the plaintiff to recover compensation for services alleged to have been rendered at the request of the defendant and for her benefit, on a farm of which she had a bond for a deed in the town of Poland. It was not in controversy that the plaintiff lived on the' premises with his wife and son and carried on the farm, from the spring of 1899 until June, 1905, but the relation of father and daughter existed between the parties, and the defendant says that solely for the purpose of providing a more comfortable home for her parents, she invited them to leave their lonely cabin in New Brunswick and come to her farm in Poland, Maine, and that the plaintiff's labor was accordingly performed chiefly for his own benefit, without any intention .on his part of claiming payment therefor other than the produce from the farm which he received from year to year, and without any expectation on her part of making any further payments. The verdict was for the plaintiff for $406, and the ease comes to this court on exceptions.
According to the facts recited in the bill of exceptions, there was evidence at the trial tending to show that the purchase price of the farm was $1400 and that at the time the plaintiff entered into possession of it, the defendant had paid only $200 of this amount, but had received a bond for a deed upon the payment of the remaining $1200; that she paid all the taxes assessed on the place, but by arrangement with her father, she received the apples raised on the premises each year; that out of her earnings in the Bates Street Laundry in Lewiston, and the proceeds of the apple crop, she paid the original indebtedness of $1200, and together with the
Concerning this last named mortgage for $900, the bill of exceptions contains the following statements:
“The defendant, Fannie Hodgdon, was inquired of, on re-direct, touching the nine hundred dollar mortgage, the last one put on the farm by her.- Counsel for plaintiff claimed by insinuation during the trial and by argument to the jury, that this mortgage and the manner in which she effected the purchase of her husband’s mortgage on his legacy, showed a purpose on her part to do something to hinder and delay the collection of her father’s claim in suit. ”
Touching this point, the defendant was asked the following question :
“ Whether or not at the time when you put that mortgage, the last mortgage, on your farm, you had any purpose of mind whatever in putting on the mortgage on the farm to defeat the collection of any claim your father might have against you in this court.”
This was objected to and excluded and an exception allowed to the defendant.
It is not expressly stated in the exceptions, but it may fairly be inferred from the recitals above quoted that this mortgage was given after the plaintiff’s claim for compensation had been asserted and made known to the defendant, and that the facts in regard to it were specifically drawn out on cross examination; for it appears that the “ plaintiff claimed by insinuation during tlie trial,” that the mortgage was given to hinder the collection of the plaintiff’s claim, and that the deféndant’s inquiry under consideration was made on “ re-direct examination.” As observed by this court in Williams v.
It is true that the defendant appears to have testified affirmatively that this mortgage was given to stop the large interest accruing on the husband’s mortgage, and to prevent the sacrifice of the legacy under that mortgage. But upon this state of the evidence the jury might not have been satisfied that these were the sole considerations
It is accordingly the opinion of the court that the evidence offered should have been admitted. This conclusion renders it unnecessary to consider the other exceptions presented.
Exceptions sustained.