Hill v. Rewee
Massachusetts Supreme Judicial Court
Assumpsit on the money counts. The following is the report of the trial in the court of common pleas: “ The plaintiff gave in evidence the following note or due bill: ‘ Due H. L. Hill, or bearer, thirty three hundred and fourteen pounds of hay, at my barn in Tyringham, on demand.
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Assumpsit on the money counts. The following is the report of the trial in the court of common pleas: “ The plaintiff gave in evidence the following note or due bill: ‘ Due H. L. Hill, or bearer, thirty three hundred and fourteen pounds of hay, at my barn in Tyringham, on demand. Tyringham, July 16th, 1842. Ebenezer Rewee.’ “ To prove the consideration of the foregoing contract, the plaintiff gave in evidence the paper which follows: ‘ Received, Hartsville, April 2d, 1842, from H. L. Hill, one hundred and fifty dollars, in full for contract for fifteen tons of hay; the hay to be delivered to…
1Opinion of the Court
*271This case was decided at September term 1847.
Shaw, C. J.
It is to be regretted that a cause, involving so small an amount of property, should have taken a course which will probably subject the parties to a heavy expense in costs. But when a cause comes before this court, upon a bill of exceptions, we must decide according to our view of the law arising upon the case made by the exceptions; and although facts not embraced in them may be stated by counsel, as facts existing and susceptible of proof, yet the court are precluded absolutely from taking them into consideration. To act otherwise,…
2Cases cited1 opinion
- Peisch v. DicksonU.S. Circuit Court for the District of Massachusetts · 1815
3Cited by2 opinions
- Philip Carey Manufacturing Co. v. General Products Co.Supreme Court of Rhode Island · 1959
- B. J. Carney & Co. v. MurphyIdaho Supreme Court · 1948