Legal Opinion

Francis v. Baker

Supreme Court of Rhode Island

Decided January 10, 1877Published

Defendant’s petitions for new trials. The facts are stated in the opinions of tbe court. The case was heard October 10, 1874, on the constitutionality of the auditor’s act, so called, of Rhode Island, Gen. Stat. R. I. cap. 204, § 10 et seq. by the full court, consisting at that time of Durfee, Burges, and Potter, J J. The act under which this case was referred to an auditor, so far as it makes the report of the auditor primó facie evidence on the trial of the case before a…

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Defendant’s petitions for new trials. The facts are stated in the opinions of tbe court. The case was heard October 10, 1874, on the constitutionality of the auditor’s act, so called, of Rhode Island, Gen. Stat. R. I. cap. 204, § 10 et seq. by the full court, consisting at that time of Durfee, Burges, and Potter, J J. The act under which this case was referred to an auditor, so far as it makes the report of the auditor primó facie evidence on the trial of the case before a jury, is an abridgment and “ violation ” of the right of trial by jury, as it existed prior to the adoption of the…

1Opinion

This was an action upon certain obligations held by the plaintiff against the defendant to recover the amount due upon them. The defence was that there had been a mutual borrowing and lending, and that the plaintiff, if entitled to recover at all, was only entitled to recover a balance of account. In support of this claim the defendant produced certain vouchers which were allowed to go to the jury as evidence to reduce the plaintiff's claim, if upon the testimony the jury thought they should be so applied. The jury returned a verdict for the plaintiff for the full amount of his claim. The…

2Cases cited3 opinions

  1. Sproul v. Resolute Fire InsuranceNew York Supreme Court · 1869
  2. Campbell v. HydeSupreme Court of Vermont · 1797
  3. Crafts v. Union Mutual Fire InsuranceSupreme Court of New Hampshire · 1858

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