Livingston v. Hammond
Massachusetts Supreme Judicial Court
Contbact, upon an account annexed, for board, clothing, and other necessaries alleged to have been furnished by the plaintiff to the defendant while the latter was a minor. The case was referred to an auditor, and was tried in the Superior Court, without a jury, before Hammond, J., upon the auditor’s report; and no other evidence was introduced.
Read the full summary
Contbact, upon an account annexed, for board, clothing, and other necessaries alleged to have been furnished by the plaintiff to the defendant while the latter was a minor. The case was referred to an auditor, and was tried in the Superior Court, without a jury, before Hammond, J., upon the auditor’s report; and no other evidence was introduced. At the trial, the plaintiff requested the following rulings: “ 1. As matter of law, upon the facts found by the auditor, the plaintiff is entitled to judgment. 2. As matter of law, upon the facts lound by the auditor, the defendant is not entitled to…
1Opinion of the CourtKnowlton, J.
The only evidence introduced at the trial of this case was the auditor's report, and the question is whether the judge who heard the case without a jury was bound, as matter of law, to find for the plaintiff. The judge was not obliged to accept the conclusions of the auditor upon the facts stated in the report, but might consider all the facts in their relation to one another, and draw any proper inferences from them and reach any conclusion that they would warrant. Hamilton v. Boston Port & Seamen’s Aid Society, 126 Mass. 407. Emerson v. Patch, 129 Mass. 299.
The plaintiff is the step-father…
2Cases cited8 opinions
- Murdock v. MurdockCalifornia Supreme Court · 1857
- Brush v. BlanchardIllinois Supreme Court · 1856
- Emerson v. PatchMassachusetts Supreme Judicial Court · 1880
- Davis v. GoodenowSupreme Court of Vermont · 1855
- Smith v. RogersSupreme Court of Kansas · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cook v. Farm Service Stores, Inc.Massachusetts Supreme Judicial Court · 1938
- Rizzo v. CunninghamMassachusetts Supreme Judicial Court · 1939
- Gerace v. GeraceMassachusetts Supreme Judicial Court · 1938
- Fisher v. DrewMassachusetts Supreme Judicial Court · 1924
- Kirchgassner v. RodickMassachusetts Supreme Judicial Court · 1898
16 more not listed; retrieve them via the Exa API.