DELAWARE FEED STORES v. FIRST AUBURN TRUST COMPANY


120 A.2d 223 (1956)

DELAWARE FEED STORES v. FIRST AUBURN TRUST COMPANY.

Supreme Judicial Court of Maine.

January 13, 1956.


Attorney(s) appearing for the Case

Preti & Preti, Sidney W. Wernick, Portland, for plaintiff.

John G. Marshall, Auburn, for defendant.

Before FELLOWS, C. J., and WILLIAMSON, BELIVEAU and TAPLEY. JJ.


WILLIAMSON, Justice.

This is an action in assumpsit by a feed store to recover a balance due for grain delivered at the Bishop Poultry Farm and there used to feed a flock mortgaged to the defendant bank. The presiding Justice in the Superior Court who heard the case without a jury and with right to except in matters of law reserved, found for the plaintiff for the balance of the account with interest, or $1,933.85. Exceptions by the defendant are overruled.

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