Emerton v. Andrews
Massachusetts Supreme Judicial Court
This action in assumpsit for a sum of money due for the board of several workmen while in the service of the defendant, and for some small articles sold and delivered, was tried at the sittings after the last November term in this county, before Sewall, J., upon the general issue. At the trial, the plaintiff reduced his demand to the charges for the board of Christopher Beals, and for the articles sold.
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This action in assumpsit for a sum of money due for the board of several workmen while in the service of the defendant, and for some small articles sold and delivered, was tried at the sittings after the last November term in this county, before Sewall, J., upon the general issue. At the trial, the plaintiff reduced his demand to the charges for the board of Christopher Beals, and for the articles sold. Beals, being produced as a witness, and objected to, was sworn on the voir dire. On his examination, he declared that having engaged to work for the defendant, he was to pay for his own board…
1Opinion of the Court
* By the Court.
We are satisfied that the rejection [ *654 ] of the witness in this case was right. If the plaintiff, who produced Beals, prevailed, then Beals would be discharged from any demand for his board by the plaintiff; and in an action brought against him by the plaintiff for his board, he might give in evidence the judgment on the verdict in this cause, and satisfaction of it, to defeat the action. But if Beals was not interested, it would have been useless to the plaintiff to have sworn him; for, laying the statute of frauds out of the question, his testimony would have proved, if any…
2Cited by13 opinions
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- Cadwell v. MeekIllinois Supreme Court · 1855
- Benedict v. HecoxNew York Supreme Court · 1837
- Christy v. SmithSupreme Court of Vermont · 1851
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