Riley v. Boehm
Massachusetts Supreme Judicial Court
Contract, for money had and received. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows. In April, 1894, the plaintiff, who was a retail liquor dealer in Fall River, borrowed $400 from the defendant, and gave therefor his promissory note payable three months after date at the B. M. C. Durfee Safe Deposit and Trust Company.
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Contract, for money had and received. Trial in the Superior Court, before Bishop, J., who allowed a bill of exceptions, in substance as follows. In April, 1894, the plaintiff, who was a retail liquor dealer in Fall River, borrowed $400 from the defendant, and gave therefor his promissory note payable three months after date at the B. M. C. Durfee Safe Deposit and Trust Company. The note was discounted by the defendant at the First National Bank, and at its maturity, July 23, 1894, was paid at the B. M. C. Durfee Safe Deposit and Trust Company, where the plaintiff had a deposit, by charging it…
1Opinion of the CourtMorton, J.
The mere fact that an entry in a book is made contemporaneously with the transaction which it purports to' record does not of itself entitle it to admission as a piece of substantive evidence. It must also appear to have been made in the regular course of business, under such circumstances as to import trustworthiness. Donovan v. Boston & Maine Railroad, 158 Mass. 450.
It is for the presiding justice to say, in the first instance, whether the record is of such a character, and his decision will not be interfered with unless clearly wrong. Cogswell v. Dolliver, 2 Mass. 217, 222. Hawks v.…
2Cases cited5 opinions
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- Donovan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Cogswell v. DolliverMassachusetts Supreme Judicial Court · 1806
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. MorganMassachusetts Supreme Judicial Court · 1893
3Cited by18 opinions
- United States v. Richard Allen De GeorgiaCourt of Appeals for the Ninth Circuit · 1969
- Shreve v. United StatesCourt of Appeals for the Ninth Circuit · 1935
- Wilcox v. DowningSupreme Court of Connecticut · 1914
- Gurley v. Springfield Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Williams v. WilliamsSupreme Court of New Hampshire · 1935
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