Gurney v. Howe
Massachusetts Supreme Judicial Court
Action of contract on a promissory note made by Edward C. Howe, the defendant’s intestate, to Cyrus G. Gurney, and indorsed by him to the plaintiff. Answer, payment to Cyrus G Gurney.
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Action of contract on a promissory note made by Edward C. Howe, the defendant’s intestate, to Cyrus G. Gurney, and indorsed by him to the plaintiff. Answer, payment to Cyrus G Gurney. At the trial in the court of common pleas, before Sanger, J., it appeared that Edward C. Howe on the 19th of June 1855 deposited in the post-office at South Abington a letter, containing in bank bills the amount then due on the note, and directed to Cyrus G. Gurney at Taunton, and on which three cents were prepaid by stamp, and three cents by cash ; and there was evidence tending to show that the letter was…
1Opinion of the CourtBigelow, J.
1. The register of letters, received at the post-office at Taunton, being an official record authorized by law to be kept, was admissible in evidence. 1 Greenl. Ev. § 484.
2. The evidence, of the postmaster as to the error upon the register in the date of the receipt of the letter was rightly received. The register was not conclusive as to this date. A party has always the right to prove that a fact is different from that which it would appear to be by a portion of his own evidence. If this were not so, he would be bound by the innocent mistakes of witnesses and third parties. He can be…
2Cases cited1 opinion
- Wakefield v. LithgowMassachusetts Supreme Judicial Court · 1807
3Cited by2 opinions
- Console v. TorchinskySupreme Court of Connecticut · 1922
- McGee v. Continental Life InsuranceSupreme Court of North Carolina · 1933