Minor v. Walter
Massachusetts Supreme Judicial Court
This was an action of assumpsit for goods sold and delivered, and came uo t« this Court, uppn exceptions offered by the plaintiff to the opinion o the Court of Common Pleas, under the provisions of the statute of 1817, c. 185. The defence made at the trial in the court below was, that the goods in question had been credited by the present defendant, in an account annexed to a writ sued by him against the now plaintiff, before the commencement of this action, in which former…
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This was an action of assumpsit for goods sold and delivered, and came uo t« this Court, uppn exceptions offered by the plaintiff to the opinion o the Court of Common Pleas, under the provisions of the statute of 1817, c. 185. The defence made at the trial in the court below was, that the goods in question had been credited by the present defendant, in an account annexed to a writ sued by him against the now plaintiff, before the commencement of this action, in which former suit judgment had been rendered by default. The plaintiff offered evidence to prove that the amount thus credited was…
1Opinion of the CourtWilde, J.
No authorities have been cited in support of the decision ol the Court of Common Pleas, and it seems to be against the justice of the case. For in considering the question, we must take that tor true, wnich the plaintiff offered to prove at the trial. And if it is true, either by mistake or otherwise, that the goods the price of *191which is sued for in this action, were not credited in the former suit at their fair value, no reason can be given why such a mistake or wrong should not now be rectified; unless we are restrained by some principle of positive law.
It has been argued that the evidence…
2Cases cited2 opinions
- Minot v. PrescottMassachusetts Supreme Judicial Court · 1782
- Flint v. SheldonMassachusetts Supreme Judicial Court · 1816
3Cited by4 opinions
- Friend Lumber Co. v. Armstrong Building Finish Co.Massachusetts Supreme Judicial Court · 1931
- William Cameron & Co. v. HintonTexas Supreme Court · 1899
- Home Owners Federal Savings & Loan Ass'n v. Northwestern Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1968
- Home Owners Federal Savings & Loan Ass'n v. Northwestern Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1968