Legal Opinion

McKay v. Myers

Massachusetts Supreme Judicial Court

Decided May 19, 1897PublishedCited by 18 opinions

Contract, upon an account annexed, to recover the proceeds of sales of leather. Writ dated April 11, 1895. Trial in the Superior Court, without a jury, before Sheldon, J., who found for the plaintiff; and the defendants alleged exceptions. The facts sufficiently appear in the opinion.

1Opinion of the CourtKnowlton, J.

We may first consider the question whether the press copy of the plaintiff’s letter of January 27, 1892, was rightly admitted in evidence, the defendants having failed to produce the original upon notice. The plaintiff testified that he wrote the letter and took the press copy himself, and also testified to a general course of business in conducting his correspondence which tended to show that he deposited this letter in the post office properly directed to the defendants. In cross-examination he testified that he would not say, as a matter of memory, *314that he deposited this particular letter,…

2Cases cited6 opinions

  1. Wiggins v. BurkhamSupreme Court of the United States · 1870
  2. Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
  3. Briggs v. HerveyMassachusetts Supreme Judicial Court · 1881
  4. Grinnell v. SpinkMassachusetts Supreme Judicial Court · 1879
  5. Dunbar v. JohnsonMassachusetts Supreme Judicial Court · 1871

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3Cited by18 opinions

  1. Hall v. PaineMassachusetts Supreme Judicial Court · 1916
  2. Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
  3. Green v. CrapoMassachusetts Supreme Judicial Court · 1902
  4. Lapp-Gifford Co. v. Muscoy Water Co.California Supreme Court · 1913
  5. Prudential Trust Co. v. HayesMassachusetts Supreme Judicial Court · 1924

13 more not listed; retrieve them via the Exa API.

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