Crandall v. Colley
Massachusetts Supreme Judicial Court
Contract upon an account annexed with seven items amounting in all to $40 with a credit of $5, leaving the balance sued for $35. Writ dated March 17, 1900. The action was brought in the Municipal Court oh the city of Boston, where judgment was rendered for the plaintiff on April 6, 1900, for $12 with costs from March 7, 1895, namely, $3.66. The plaintiff appealed from this judgment in his favor to the Superior Court, which court found for him on December 6, 1900, in the sum…
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Contract upon an account annexed with seven items amounting in all to $40 with a credit of $5, leaving the balance sued for $35. Writ dated March 17, 1900. The action was brought in the Municipal Court oh the city of Boston, where judgment was rendered for the plaintiff on April 6, 1900, for $12 with costs from March 7, 1895, namely, $3.66. The plaintiff appealed from this judgment in his favor to the Superior Court, which court found for him on December 6, 1900, in the sum of $16. In the Superior Court after this judgment the defendant contended that the plaintiff should recover no costs…
1Opinion of the CourtHolmes, C. J.
We have no way of knowing that the excess of the sum recovered in the Superior Court, over that recovered • in the Municipal Court was for interest subsequent to the judgment. The declaration was for $35 on an account annexed of seven items, amounting to $40 with a credit of $5. For all that we know the finding in the Superior Court may have allowed no interest at all. It even may have been upon different items from that in the Municipal Court. The question sought to be ’ raised is not before us.
Taxation affirmed.
2Cited by1 opinion
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