Raynes v. Bennett
Massachusetts Supreme Judicial Court
Contract upon an account annexed to recover $175.50, for goods sold and delivered, as follows: March 10, 1871, one gold chain, $15.00 ; March 10, 1871, one gold locket, $10.50 ; May 6, 1871, one gold watch-chain, $60.00; May 9, 1871, one gold watch $90.00. At the trial in the Superior Court, before Rockwell, J., it appeared that the plaintiffs were jewellers ; that the defendant was a carpenter and roofer, and that the jewelry was sold to the defendant's wife.
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Contract upon an account annexed to recover $175.50, for goods sold and delivered, as follows: March 10, 1871, one gold chain, $15.00 ; March 10, 1871, one gold locket, $10.50 ; May 6, 1871, one gold watch-chain, $60.00; May 9, 1871, one gold watch $90.00. At the trial in the Superior Court, before Rockwell, J., it appeared that the plaintiffs were jewellers ; that the defendant was a carpenter and roofer, and that the jewelry was sold to the defendant's wife. The defence relied upon was that the good! were bought without the knowledge or authority of the husband and that they were not…
1Opinion of the CourtMorton, J.
Numerous exceptions were taken* at the trial some of which must be sustained.
1. The evidence that the articles sued for were such as women, who dressed as the defendant’s wife did, usually wear, was inad *427missible. It furnished no test of what it was proper for her to wear, and tended to mislead the jury.
2. The testimony of the wife as to conversations between herself and her husband when alone was inadmissible by the common law, and our statutes have not changed the law in this respect. Dexter v. Booth, 2 Allen, 559.
8. The record of the city treasurer, showing the amount of property for which…
2Cases cited5 opinions
- Miller v. EwingMassachusetts Supreme Judicial Court · 1850
- Cunningham v. ReardonMassachusetts Supreme Judicial Court · 1868
- Commonwealth v. HeffronMassachusetts Supreme Judicial Court · 1869
- Kenerson v. HenryMassachusetts Supreme Judicial Court · 1869
- Eames v. SweetserMassachusetts Supreme Judicial Court · 1869
3Cited by31 opinions
- Mercer v. StateSupreme Court of Florida · 1898
- Inhabitants of Sturbridge v. FranklinMassachusetts Supreme Judicial Court · 1893
- Brackett v. CommonwealthMassachusetts Supreme Judicial Court · 1916
- City of Lowell v. County CommissionersMassachusetts Supreme Judicial Court · 1890
- Conant v. BurnhamMassachusetts Supreme Judicial Court · 1882
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