Jones v. Hoey
Massachusetts Supreme Judicial Court
Contract upon a promissory note, dated February 7, 1878, signed by William A. Hoey, payable to the order of, and indorsed by, the defendant. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows : The note was given in payment of a quantity of leaf tobacco sold and delivered by the plaintiff to William A. Hoey at the date of the note.
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Contract upon a promissory note, dated February 7, 1878, signed by William A. Hoey, payable to the order of, and indorsed by, the defendant. Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows : The note was given in payment of a quantity of leaf tobacco sold and delivered by the plaintiff to William A. Hoey at the date of the note. The answer contained a general denial, set up specially a partial failure of consideration, a sale by sample and warranty of quality and quantity, a breach of both, and claimed damages by way of recoupment. The…
1Opinion of the CourtGray, C. J.
The instruction given was correct. If the tobacco was sold by sample and by weight, without more' specific agreement, evidence of a general usage was admissible to show that the weight was to be computed as previously ascertained at the time of packing and marked on the cases, and not by the actual weight at the time of the sale. Bottomley v. Forbes, 6 Scott, 866; S. C. 5 Bing. N. C. 121. Barry v. Bennett, 7 Met. 354. Miller v. Stevens, 100 Mass. 518. The Gen. Sts. c. 51, § 17, cited for the defendant, providing that sales of goods by the hundredweight shall be construed to mean by the net…
2Cases cited3 opinions
- Robinson v. United StatesSupreme Court of the United States · 1872
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Miller v. StevensMassachusetts Supreme Judicial Court · 1868
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- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Wootters v. KauffmanTexas Supreme Court · 1887
- Chicago, M. & St. P. Ry. Co. v. LindemanCourt of Appeals for the Eighth Circuit · 1906
- Baccari v. B. Perini & Sons, Inc.Massachusetts Supreme Judicial Court · 1936
- Penland v. Ingle.Supreme Court of North Carolina · 1905
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