Coolidge v. Smith
Massachusetts Supreme Judicial Court
Contract for breach of an agreement to pay a mortgage existing upon a parcel of land conveyed by the plaintiffs to the defendant. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows: On May 18, 1872, the plaintiffs, who owned a large tract of vacant land in Dedham, mortgaged it to Martha C. Bullard, trustee, to secure their note of even date for $6000, payable in five years.
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Contract for breach of an agreement to pay a mortgage existing upon a parcel of land conveyed by the plaintiffs to the defendant. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows: On May 18, 1872, the plaintiffs, who owned a large tract of vacant land in Dedham, mortgaged it to Martha C. Bullard, trustee, to secure their note of even date for $6000, payable in five years. On March 18, 1876, the plaintiffs made an oral agreement with Timothy H. Smith, the defendant’s husband, to exchange said…
1Opinion of the CourtAmes, J.
The judge who presided at the trial in the court below was in a position in which he was required to exercise the *557functions of both judge and jury. H.is conclusions as to the weight and sufficiency of the evidence, and the credit which he ought to give to the witnesses, are binding upon us, and are not open to revision. Forsyth v. Hooper, 11 Allen, 419. If there was any evidence which could properly have been submitted to a jury, and upon which, if believed by them, they could legally find a verdict for the plaintiffs, the verdict could not be set aside as a matter of law. Heywood v. Stiles,…
2Cases cited3 opinions
- Fiske v. TolmanMassachusetts Supreme Judicial Court · 1878
- Atlas National Bank v. SaveryMassachusetts Supreme Judicial Court · 1879
- Heywood v. StilesMassachusetts Supreme Judicial Court · 1878
3Cited by20 opinions
- Keller v. AshfordSupreme Court of the United States · 1890
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Kidder v. GreenmanMassachusetts Supreme Judicial Court · 1933
- Hillyer v. DickinsonMassachusetts Supreme Judicial Court · 1891
- Beeson v. GreenSupreme Court of Iowa · 1897
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