Stores v. White
Massachusetts Supreme Judicial Court
Error coram, nolis, to reverse a judgment of this Court, rendered at the last May term of this Court in this county, in favor of the defendant in error, original plaintiff.
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Error coram, nolis, to reverse a judgment of this Court, rendered at the last May term of this Court in this county, in favor of the defendant in error, original plaintiff. The declaration was in assumpsit upon a promissory note signed by the plaintiff in error, dated April 27th, 1807, for 3000 dollars, payable to Ebenezer Storer, or order, in one hundred and twenty days, at the Union Bank, in Boston, with usual grace, and endorsed by the said Ebenezer to the defendant in error. After sundry continuances in this Court, the defendant was defaulted, and the plaintiff’s damages were assessed by…
1Opinion of the Court
Ouria.
It does not appear, from the record, what was the evidence before the judge, upon which the plaintiff had his damages assessed. But we must presume that the damages were assessed for the breach of the contract declared on.
If, after the default of the defendant, the plaintiff shall move to have jury to inquire into the damages at the bar, [ *449 ] * pursuant to the provision of the statute 1784, c. 28, § 7 ; or if, without such motion, the judge shall assess the damages ; and in either case, the judge shall admit illegal evidence on the question of damages, the party aggrieved may file his…
2Cited by15 opinions
- Dolan v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- Came v. BrighamSupreme Judicial Court of Maine · 1854
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1927
- Dorman v. BigelowSupreme Court of Florida · 1847
- Bacon v. GeorgeMassachusetts Supreme Judicial Court · 1914
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