McCarthy v. Peach

This is an action to recover a balance alleged to be due to the plaintiff from the defendant for services rendered in securing a customer for an express business in Salem. There was a verdict for the plaintiff, and the case is here on the defendant’s exceptions.

The only question is whether a witness for the plaintiff propei’ly was allowed to testify to what he heard the plaintiff say as a part of an alleged conversation with the defendant over the telephone, — the plaintiff being in Boston and the defendant in Chelsea, and the witness being in the presence and hearing of the plaintiff. *68The…