White v. Buss
Massachusetts Supreme Judicial Court
The plaintiff brought this action of assumpsit, to recover the sum of $240, alleged to have been loaned by him to the defendant. On the trial, which was before Merrick, J., in the court of common pleas, the plaintiff produced a witness, who testified to the acknowledgment by the defendant, that he had borrowed and received of the plaintiff the sum of money sued for.
Read the full summary
The plaintiff brought this action of assumpsit, to recover the sum of $240, alleged to have been loaned by him to the defendant. On the trial, which was before Merrick, J., in the court of common pleas, the plaintiff produced a witness, who testified to the acknowledgment by the defendant, that he had borrowed and received of the plaintiff the sum of money sued for. The testimony of this witness, on the cross examination, was, that the money was loaned by the plaintiff to the defendant, while they, with other persons, were gaming and playing at cards for money in a certain house of public…
1Opinion of the CourtShaw, C. J.
This action is brought to recover a sum of money alleged by the plaintiff to be lent by him to the defendant. The same evidence, by which the loan was proved, tended to show, that the money was loaned, whilst the plaintiff and defendant, with other persons, were gaming and playing at cards for money, in a certain house of public entertainment in Boston.
The judge instructed the jury, that the plaintiff could not recover, if the money was loaned to be used for the purpose of gaming, and was loaned at the time and place when and where both were gaming, and playing at cards with each other, and…
2Cases cited2 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
3Cited by4 opinions
- Jose Tavares v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1960
- Tavares v. CommissionerUnited States Tax Court · 1959
- Tavares v. CommissionerUnited States Tax Court · 1959
- Tavares v. CommissionerUnited States Tax Court · 1959