Thayer v. Lombard
Massachusetts Supreme Judicial Court
Contract, upon a promissory note for |100, dated December 1, 1891, and made payable six months thereafter to the order of the defendants’ testator.
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Contract, upon a promissory note for |100, dated December 1, 1891, and made payable six months thereafter to the order of the defendants’ testator. At the trial in the Superior Court, without a jury, before Hammond, J., the plaintiff testified that he lent to Lombard one hundred dollars on the day of the date of the note, and the defendants introduced evidence that the testator had for a number of years before the date of the note, and up to the time of his death, employed a bookkeeper who had kept a regular set of books, including a note and a cash book; that the testator was taken sick on…
1Opinion of the CourtField, C. J.
The dying declarations of the defendants’ testator were not admissible to prove the facts to which the declarations related. The facts in controversy were facts in the past, and not facts concerning the feelings or thoughts of the testator existing at the time the declarations were made. See Chapin v. Marlborough, 9 Gray, 244. The present case does not bring the declarations within any of the exceptions known to the common law where declarations of deceased persons are admitted in evidence. The admission of the declarations of a deceased person on the ground that they are dying declarations…
2Cited by4 opinions
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- Commonwealth v. TurnerMassachusetts Supreme Judicial Court · 1916
- Nunnally v. Mail & Express Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Ross v. CooperNorth Dakota Supreme Court · 1916