Witter v. Witter
Massachusetts Supreme Judicial Court
Error to the Circuit Court of Common Pleas, holden in this county, to reverse a judgment rendered in April last, in an action of the case, wherein the defendant in error was original plaintiff, and the' plaintiff in error original defendant. The original action was upon a promissory note, and for money had and received.
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Error to the Circuit Court of Common Pleas, holden in this county, to reverse a judgment rendered in April last, in an action of the case, wherein the defendant in error was original plaintiff, and the' plaintiff in error original defendant. The original action was upon a promissory note, and for money had and received. The defendant, seven days before the return of the original writ, filed in the clerk’s office, by way of set-off to the plaintiff’s demands, his account, the three first articles of charge therein being for the plaintiff’s board, finding him a room, washing and mending, and…
1Per curiam
We think the Circuit Court of Common Pleas were too scrupulous in refusing to admit the evidence offered by the defendant in the case before us, in support of his account filed. Board and lodging, washing, &c., are all included within the meaning of goods delivered and services performed. If there had been a specific charge for the rent of a room, that might well have been excluded. The judgment is reversed, and a new trial is to be had at the bar of this Court, (a)
additional note.
[See Howell vs. Webb, 2 Pike, 360. — F. H.]
[In Richards vs. Blood, (17 Mass. Rep. 66,) the Court went so far as…
2Cited by6 opinions
- Ryder v. WarrenMassachusetts Supreme Judicial Court · 1936
- Hall v. GliddenSupreme Judicial Court of Maine · 1855
- Flannigan v. Monongahela Tie & Lumber Co.West Virginia Supreme Court · 1915
- Berkowsky v. SpecterAppellate Court of Illinois · 1898
- Tremain v. EdwardsMassachusetts Supreme Judicial Court · 1851
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