Walcott v. Kimball
Massachusetts Supreme Judicial Court
Contract brought to recover wages from September 23d 1864 to July 17th 1865. The answer, amongst other things, set forth that the plaintiff had received of the defendant a check for $115 in full, and had executed a receipt in full therefor dated August 14th.
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Contract brought to recover wages from September 23d 1864 to July 17th 1865. The answer, amongst other things, set forth that the plaintiff had received of the defendant a check for $115 in full, and had executed a receipt in full therefor dated August 14th. At the trial in the superior court, before Wilkinson, J., the defendant produced the following receipt signed by the plaintiff; “ Boston, Aug. 1st. Received of Mr. E. Kimball in full of all demands the sum of $115. One hundred and fifteen dollars. W. H. Walcott.” And the defendant and his son testified that he gave to the plaintiff a…
1Opinion of the CourtFoster, J.
At the trial in the superior court the plaintiff sought to argue from the answer that the defendant had at one time made a claim not consistent with his testimony before the *461jury; but the presiding j'udge ruled that, in the absence of any evidence tending to show that the answer was prepared under the defendant’s direction, it could not be used as evidence against him. The provision of Gen. Sts. c. 129, § 72, reenacted from St. 1852, c. 312, § 75, is, “ Neither1 the declaration, answer, nor any subsequent allegation, shall be deemed evidence on the trial, but allegations only whereby the…
2Cited by1 opinion
- Keown v. HughesMassachusetts Supreme Judicial Court · 1919