Brigham v. Lally
Massachusetts Supreme Judicial Court
Contract on an account annexed for goods sold and delivered. Answer, a general denial, and payment. Trial in the Superior Court, without a jury, before Wilkinson, J., who allowed a bill of exceptions, in substance as follows: The defendant contended that the goods in question were furnished to his sons. This the plaintiffs denied, and produced their books, in which the goods were charged to the defendant.
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Contract on an account annexed for goods sold and delivered. Answer, a general denial, and payment. Trial in the Superior Court, without a jury, before Wilkinson, J., who allowed a bill of exceptions, in substance as follows: The defendant contended that the goods in question were furnished to his sons. This the plaintiffs denied, and produced their books, in which the goods were charged to the defendant. The defendant then called for a note, which was produced, and wa« for the amount sued on, and was signed by the defendant’s sons. The plaintiffs’ ledger showed that this note had been…
1Opinion of the Court
By the Court.
The ruling requested was rightly refused. The question whether the note was taken as payment was a question of fact, on which there was conflicting evidence, and the finding of the judge by whom the case was tried without a jury was conclusive.
Exceptions overruled.
2Cited by5 opinions
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