Atwood v. Scott
Massachusetts Supreme Judicial Court
Contract for money lent to the defendant and money paid to her use at her request. Answer, accord and satisfaction. At the trial in the superior court, before Rockwell, J., the defendant having testified that she repaid to the plaintiff three hundred dollars at one time; twenty-five dollars each, at two other times ; and a hundred and fifty dollars at a fourth time , was allowed, for the purpose of corroborating her testimony, and against the plaintiff’s objection, to…
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Contract for money lent to the defendant and money paid to her use at her request. Answer, accord and satisfaction. At the trial in the superior court, before Rockwell, J., the defendant having testified that she repaid to the plaintiff three hundred dollars at one time; twenty-five dollars each, at two other times ; and a hundred and fifty dollars at a fourth time , was allowed, for the purpose of corroborating her testimony, and against the plaintiff’s objection, to introduce evidence that immediately before said first and fourth times she bad considerable «urns of money in her possession.…
1Opinion of the CourtChapman, C. J.
Experience is not sufficiently uniform to raise a presumption that one who has the means of paying a debt will actually pay it. Accordingly it is held that the fact that a debtor has had such means is not evidence tending to show that the debt has been paid. Hilton v. Scarborough, 5 Gray, 422. On the other hand, the fact that one has not had thi means to make certain payments is evidence tending to show that he has not made them, and such evidence is held to be admissible. Stebbins v. Miller, 12 Allen, 591. Winchester v. Charter, 97 Mass. 140.
The defendant’s testimony that she had…
2Cases cited1 opinion
- Winchester v. CharterMassachusetts Supreme Judicial Court · 1867
3Cited by12 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- United States v. ShibleyDistrict Court, S.D. California · 1953
- Costello v. CrowellMassachusetts Supreme Judicial Court · 1882
- Troeder v. HyamsMassachusetts Supreme Judicial Court · 1891
- Farmer v. WilliamsSupreme Court of Vermont · 1918
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