Niles v. Adams
Massachusetts Supreme Judicial Court
Contract upon an account annexed for milk and eggs which the plaintiff contended he furnished to one Esther A. Squire from January 2, 1905, to May 9,1906, upon the credit of the defendant. Writ in the Municipal Court of the City of Boston dated October 16, 1907. On appeal to the Superior Court, the case was tried before Sitcheoeh, J. The delivery of the goods was not questioned and there was no contention that the bill was paid.
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Contract upon an account annexed for milk and eggs which the plaintiff contended he furnished to one Esther A. Squire from January 2, 1905, to May 9,1906, upon the credit of the defendant. Writ in the Municipal Court of the City of Boston dated October 16, 1907. On appeal to the Superior Court, the case was tried before Sitcheoeh, J. The delivery of the goods was not questioned and there was no contention that the bill was paid. There was evidence that for some time previous to May 6, 1904, the plaintiff had furnished milk and eggs to Miss Squire and had rendered statements of account bearing…
1Opinion of the CourtSheldon, J.
The defendant’s first request for instructions could not have been given. There was evidence that on May 6, 1904, he promised in effect to pay for the milk and eggs to be furnished by the plaintiff to Miss Squire; that the plaintiff furnished such supplies on the faith of that promise, and communicated this fact to the defendant by sending to him bills for the amount furnished from time to time, some of which bills the defendant paid. The fact that the charges purported to be made to Miss Squire and that her name appeared on the bills was not decisive that credit was not given to the…
2Cases cited3 opinions
- Holmes v. HuntMassachusetts Supreme Judicial Court · 1877
- City of Springfield v. HarrisMassachusetts Supreme Judicial Court · 1871
- Pettey v. BenoitMassachusetts Supreme Judicial Court · 1906
3Cited by7 opinions
- Milmore v. LandauMassachusetts Supreme Judicial Court · 1940
- Auringer v. CochraneMassachusetts Supreme Judicial Court · 1916
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1938
- Aluminum Smelters Inc. v. TwomblyMassachusetts Supreme Judicial Court · 1953
- Hilliard v. You-Do-It Electronics Hobby Center, Inc.Massachusetts District Court, Appellate Division · 1969
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