Inhabitants of Winthrop v. Soule
Massachusetts Supreme Judicial Court
Two actions OE CONTRACT, upon a bond executed by E. Everett Crosby as principal and by Elijah Crosby and Horatio S. Soule as sureties, and conditioned for the faithful performance by the principal of the duties of collector of taxes of the plaintiff town. Writs dated November 4 and 9, 1896, respectively. The cases were tried together in the Superior Court, before Sheldon, J., who allowed a bill of exceptions in each case, in substance as follows.
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Two actions OE CONTRACT, upon a bond executed by E. Everett Crosby as principal and by Elijah Crosby and Horatio S. Soule as sureties, and conditioned for the faithful performance by the principal of the duties of collector of taxes of the plaintiff town. Writs dated November 4 and 9, 1896, respectively. The cases were tried together in the Superior Court, before Sheldon, J., who allowed a bill of exceptions in each case, in substance as follows. The defendant E. Everett Crosby was duly elected collector of taxes of the plaintiff town on March 5, 1894, and on August 15, 1894, gave the bond in…
1Opinion of the CourtBarker, J.
1. The exception to the admission in evidence of the auditor’s report is not argued. The objection to the report that his conclusions were based on incompetent evidence, could not be taken for the first time at the trial. Briggs v. Gilman, 127 Mass. 530. Collins v. Wickwire, 162 Mass. 143. See Sullivan v. Arcand, 165 Mass. 364, 367. The report was properly admitted.
2. The remaining exception is to the rejection of a somewhat extended offer of proof on the part of the defendants. Speaking generally, this offer may be divided into two branches. One is that different officers of the town were…
2Cases cited6 opinions
- Toombs v. StoneCourt of Appeals of Kentucky · 1859
- Watertown Fire Insurance v. SimmonsMassachusetts Supreme Judicial Court · 1881
- Collins v. WickwireMassachusetts Supreme Judicial Court · 1894
- Briggs v. GilmanMassachusetts Supreme Judicial Court · 1879
- Sullivan v. ArcandMassachusetts Supreme Judicial Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Leverone v. ArancioMassachusetts Supreme Judicial Court · 1901
- Inhabitants of Hudson v. MilesMassachusetts Supreme Judicial Court · 1904
- Picard v. BeersMassachusetts Supreme Judicial Court · 1907
- Jean v. CawleyMassachusetts Supreme Judicial Court · 1914
- Glidden v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1908
4 more not listed; retrieve them via the Exa API.