Henderson v. Sevey
Supreme Judicial Court of Maine
This was an action of assumpsit. The declaration contained .a general count of indebitatus assumpsit, — one for money had .and received, — and one for money laid out and expended5 — • and it was tried upon the general issue.
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This was an action of assumpsit. The declaration contained .a general count of indebitatus assumpsit, — one for money had .and received, — and one for money laid out and expended5 — • and it was tried upon the general issue. The plaintiff gave in evidence a copy of a judgment recov? ,ered against him in' the Supreme Judicial Court of Massachusettsfor the county of Essex by Jonathan Conner, [see the case Conner v. Henderson, IS Mass. 319.] which was finally tried at .November term, 1819, upon a count filed subsequent to the dec cisión of the reported case, charging Henderson with having .sold…
1Opinion of the Court
Meixen C. J.
delivered the opinion of the Court as follows.
Two reasons have been urged in support of the motion for a saew trial.
1. That the record of the judgment recovered in Massachu» setts by Conner against Henderson was improperly admitted iis evidence.
*1422. That the instructions of the presiding Judge to the jury were incorrect.
As to the first objection, it may be observed that the judgment was not admitted as conclusive between the parties, but only as competent evidence ; — and \ye cannot for a moment doubt that it was properly admitted. Indeed, it was the only admissible proof to shew…
2Cases cited2 opinions
- Riley v. WaughMassachusetts Supreme Judicial Court · 1851
- Ramsay v. GardnerNew York Supreme Court · 1814