Legal Opinion

Brooks v. Holden

Massachusetts Supreme Judicial Court

Decided January 4, 1900PublishedCited by 28 opinions

Contract, upon an account annexed, for goods sold and for board furnished. Trial in the Superior Court, without a jury, before Hardy, J., who found for the plaintiff; and the defendant alleged exceptions to the exclusion of certain evidence, the nature of which appears in the opinion.

1Opinion of the CourtBarker, J.

In the decision of this case it is necessary to consider the effect of two comparatively recent statutes, each of which in some degree changes the law of evidence. The first is St. 1896, c. 445, relative to evidence in actions against the estates of deceased persons, and the second is St. 1898, c. 535, relative to declarations of deceased persons. We quote the language of the two enactments:

“ In the trial of an action against an executor or against an administrator of a deceased person in which the cause of action is supported by oral testimony of a promise or statement made by said deceased…

2Cases cited1 opinion

  1. Doherty v. O'CallaghanMassachusetts Supreme Judicial Court · 1892

3Cited by28 opinions

  1. Commonwealth v. GalloMassachusetts Supreme Judicial Court · 1931
  2. In the Matter of a John Doe Grand Jury InvestigationMassachusetts Supreme Judicial Court · 1990
  3. Phillips v. ChaseMassachusetts Supreme Judicial Court · 1909
  4. Dickinson v. City of BostonMassachusetts Supreme Judicial Court · 1905
  5. Smith v. FreedmanMassachusetts Supreme Judicial Court · 1929

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