Case law

Fallon v. Casco-Northern Corp.

462 A.2d 53 · Supreme Judicial Court of Maine · Jul 11, 1983

The Corporation refused inspection because of its concern that Fallon’s request was not for a proper and legitimate purpose, relating clearly to his interests as a stockholder. … Fallon appeared on May 5 but refused to be deposed for two reasons: (1) the court reporter did not have written evidence that he was properly qualified, pursuant to M.R.

Lupien v. Malsbenden

477 A.2d 746 · Supreme Judicial Court of Maine · Jul 6, 1984

If the arrangement between the parties otherwise qualifies as a partnership, it is of no matter that the parties did not expressly agree to form a partnership or did not even intend to form one: It is possible for parties … Thus its facts clearly distinguish the case at bar from James Bailey Co. v.

State v. Flaherty

340 A.2d 212 · Supreme Judicial Court of Maine · Jun 25, 1975

We find without merit defendant’s second claim that the stolen credit card and license are items so “small” that they are easily delivered from one person to another and, therefore, should not qualify as the kind of goods … That Pooler participated in the robbery of George Record fails to establish that defendant was not a participant.

Bryant v. Masters MacHine Co.

444 A.2d 329 · Supreme Judicial Court of Maine · Apr 13, 1982

Such was clearly not the intent of the Legislature in using the “arising out of” language. … In Gagnon, the “injury” did not so qualify under the pertinent section of the Act as it then read, R.S., 1944, Chap. 26, Sec. 14.

Peggy S. M. ex rel. John Boy M. v. State

397 A.2d 980 · Supreme Judicial Court of Maine · Jan 29, 1979

Each state wishing to qualify for sums appropriated by Congress must submit a plan for “aid and services to needy families with children.” 42 U.S.C. § 601 (1974). … Recognizing that some ambiguity is created by the language of 45 CPR § 232.12, we do not believe it is such as to create an “exclusion clearly evidenced”, Townsend v.

State of Maine v. James A. Philbrook

81 A.3d 326 · Supreme Judicial Court of Maine · Oct 24, 2013

The Alberts made the second investment after Philbrook presented them with a limited-time “triple bonus” offer, which he had drafted, purporting to qualify them for a higher level of return if they invested more money … [¶11] In its verbal instructions, the court said, concerning the charge of theft by misapplication: [W]e want you to make the basic determination as to whether the central elements of the offense have been established

Williams v. Ubaldo

670 A.2d 913 · Supreme Judicial Court of Maine · Jan 23, 1996

The amendment resulted from the fact that he attempted to secure financing with a bank, but was unable to qualify for a mortgage loan. … Waiver may be established by express waiver, or by actions clearly inconsistent with an intent to retain the contractual protection. Barker, 200 Ill.Dec. at 509 , 635 N.E.2d at 848 ; Shaeffer, 619 P.2d at 1230 .

State of Maine v. Jesse R. Pelletier

2026 ME 52 · Supreme Judicial Court of Maine · Jun 2, 2026

The trial court found that Pelletier’s mens rea “clearly exceed[ed] criminal negligence” and that he acted knowingly or intentionally. … Duquette, 475 A.2d 1145, 1147 n.1 (Me. 1984) (“[I]f a witness personally hears another make a statement, he is qualified to testify under Rule 602 that such statement was made.”).5 Pelletier’s argument that the friend’

Milliken v. Gilpatrick

130 Me. 498 · Supreme Judicial Court of Maine · Dec 28, 1931

Luce were duly elected as selectmen and were duly qualified. … The 1925 record is clear and the 1927 record is also established.

Rideout v. Riendeau

2000 Me. 198 · Supreme Judicial Court of Maine · Nov 13, 2000

The power of the court to adjudicate such disputes and to enforce its own orders constitutes state involvement in a way that clearly implicates parents’ fundamental liberty interests in the care and custody of their children … The State's authority over parental decisions is well established in certain areas, such as health requirements, including immunization needs, 20-A M.R.S.A. § 6354 (1993), education requirements, including a qualified schooling

State v. Dube

598 A.2d 742 · Supreme Judicial Court of Maine · Oct 30, 1991

general, the out-of-court statement of a prosecutrix may be admissible on any of three distinct grounds: (1) to show that in fact a complaint has been made, (2) to prove the truth of the matter asserted if the statement qualifies … were admissible the presiding justice committed reversible error by failing to instruct the jury that under M.R.Evid. 801(d)(1) those statements were admissible only to rebut the charge of recent fabrication and not to establish

State v. Donovan

89 Me. 448 · Supreme Judicial Court of Maine · Jan 6, 1897

Tbe relator was duly qualified and entered upon tbe discharge of bis duties. On tbe sixth day of April, 1896, at a special election for tbe choice of mayor, Robert Gerry was elected as mayor. … It is an established rule in the construction of statutes that a local statute enacted for a particular municipality, for reasons *452 satisfactory to the legislature, is intended to be exceptional and for the benefit of

Sanders v. Getchell

76 Me. 158 · Supreme Judicial Court of Maine · May 16, 1884

The question arises as to the extent of the liability of selectmen for refusing to receive the vote of a qualified elector. … Bodily presence in a place coupled with an intention to make such place a home will establish a domicil or residence. But the intention to remain only so long as a student, or only because a student, is not sufficient.

Belding v. Coward

125 Me. 305 · Supreme Judicial Court of Maine · Jun 15, 1926

The “pole star” of testamentary construction is the intention of the testator, when clearly expressed in the will. When so expressed, and it violates no rule of law or public policy, it must be given effect. … It has long been an established rule, in construing devises, that all estates are to be holden to be vested, except estates in the devise of which a condition precedent to the vesting is so clearly expressed that the courts

D'Angelo v. McNutt

868 A.2d 239 · Supreme Judicial Court of Maine · Feb 23, 2005

D’Angelo Qualified Personal Residence Trust Agreement (the D’Angelos). … Shea, 2002 ME 36, ¶ 22 , 791 A.2d 116, 122 (holding that an easement by prescription was not established may be vacated only if the evidence before it clearly compelled a contrary holding). .

McCorkle v. Town of Falmouth

529 A.2d 337 · Supreme Judicial Court of Maine · Aug 6, 1987

DISCUSSION In dismissing McCorkle’s action for lack of standing the Superior Court followed the established rule that to have standing in a suit against a municipal government, a single plaintiff must claim “special injury … qualifies as a party plaintiff in the case before us.

MaineToday Media, Inc. v. State of Maine

82 A.3d 104 · Supreme Judicial Court of Maine · Nov 14, 2013

§ 2929(1), may not be disclosed.10 For purposes of section 2929, only the names, addresses, telephone numbers, and certain medical information of particular people qualifies as “confidential information.” … In fact, the Legislature clearly intended that the requirements of the CHRIA, in conjunction with those of the ESC, be rigorous enough to preclude the sheltering of a public document in an unrelated confidential file.

State v. FLINT H.

544 A.2d 739 · Supreme Judicial Court of Maine · Jul 13, 1988

Defendant has failed to establish that the statute is unconstitutionally vague. … We stated that based on the physician’s own training, experience and observations, the physician was fully qualified to offer his expert opinion and that confirming his opinion by consulting another expert was similar to

Town of Orono v. LaPointe

698 A.2d 1059 · Supreme Judicial Court of Maine · Aug 8, 1997

To qualify for “nonconforming” or “grandfathered” status, it must be shown that the use existed prior to the enactment of the zoning provisions prohibiting it and that the use was “actual and substantial.” … The Town challenges these findings on its cross-appeal, and to prevail must demonstrate that they are clearly erroneous. Id.

Tllexan v. Wilson

43 Me. 186 · Supreme Judicial Court of Maine · Jul 1, 1857

The marriage is an absolute gift to the husband of all her personal chattels in possession, and a qualified gift of all her dioses in action, depending for its effect upon his reducing them into possession or recovering them … Upon the principles established by the foregoing authorities, there was disclosed by the debtor eighty-five cents as belonging to him, and a watch as belonging to his wife, which became legally his by virtue of his marriage