Wait v. M'Neil
Massachusetts Supreme Judicial Court
Assumpsit for goods sold and delivered. On a trial of the gen eral issue before Parker, J., at the last November term in this county, the plaintiff proved a delivery of the articles to the defendant, and a regular charge in his books, as of goods sold in the usual course oi ousiness.
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Assumpsit for goods sold and delivered. On a trial of the gen eral issue before Parker, J., at the last November term in this county, the plaintiff proved a delivery of the articles to the defendant, and a regular charge in his books, as of goods sold in the usual course oi ousiness. The defence was, that McNeil and Wait had engaged as partners in the manufacture of certain carriage-boxes ; in which business the plaintiff was to advance all the stock, and the defendant to pay for all the labor; and the boxes, when made, were to be [ * 262 ] sold by the plaintiff on the joint account, * and…
1Opinion of the Court
The opinion of the Court (absente Parsons, C. J.) was delivered as follows, by
Sedgwick, J.
The objection in this case is, that the verdict, is against evidence; and if it be clearly and manifestly so, it certainly ought to be set aside. The plaintiff at the trial having proved his case, the only positive evidence against him was the testimony of the defendant’s son. The Court will pay all due respect to the testimony of a witness, who stands uncon tradicted and unimpeached; but the credit of every witness must be taken into the consideration of the jury ; and this is peculiarly and…
2Cited by16 opinions
- Quock Ting v. United StatesSupreme Court of the United States · 1891
- Mt. Adams & E. P. Inclined Ry. Co. v. LoweryCourt of Appeals for the Sixth Circuit · 1896
- Lee Sing Far v. United StatesCourt of Appeals for the Ninth Circuit · 1899
- United States v. Lee HuenDistrict Court, N.D. New York · 1902
- Reiss v. ReardonCourt of Appeals for the Eighth Circuit · 1927
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