Cogswell v. Dolliver
Massachusetts Supreme Judicial Court
Ebror on a judgment of the Court of Common Pleas, for this county, rendered at the last September term. *The original action was indebitatus assumpsit for [*218] goods sold, brought by the present plaintiff in error. The defendant filed his account pursuant to the statute prescribing the forms of writs in civil causes, &c., passed October 30, 1784; and pleaded the general issue.
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Ebror on a judgment of the Court of Common Pleas, for this county, rendered at the last September term. *The original action was indebitatus assumpsit for [*218] goods sold, brought by the present plaintiff in error. The defendant filed his account pursuant to the statute prescribing the forms of writs in civil causes, &c., passed October 30, 1784; and pleaded the general issue. After trial, and verdict for the defendant for the excess of his account beyond the plaintiff’s, the plaintiff tendered his bill of exceptions at the common law, or rather pursuant to the statute of Westminster, 2,…
1Opinion of the CourtParker, J.
As to the first error assigned in this cause, it seems to be rather a question of fact than of law. This mode *208[ * 221 ] * of proof is peculiar to our country, and probably has been in practice from its first settlement. The jury are the proper and adequate judges of the weight of this, as of all other evidence laid before them, and I think the court below did right in referring it to them. As to the second error assigned, it appears that here were mutual accounts, and one or more items on each side within six years, which took the whole accounts out of the statute.
Sewall, J.
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- Chace v. TraffordMassachusetts Supreme Judicial Court · 1875
- Levine v. Lancashire InsuranceSupreme Court of Minnesota · 1896
- New England Novelty Co. v. SandbergMassachusetts Supreme Judicial Court · 1944
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