Huntley v. Whittier
Massachusetts Supreme Judicial Court
Contract to recover the price of velocipedes. At the trial in the superior court, before Seudder, J., the evidence tended to show that some of the velocipedes were contracted for while in process of manufacture, and that the defendant never called for them. The defendant contended that he never had notice that they were completed, and that they never were offered or tendered to him.
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Contract to recover the price of velocipedes. At the trial in the superior court, before Seudder, J., the evidence tended to show that some of the velocipedes were contracted for while in process of manufacture, and that the defendant never called for them. The defendant contended that he never had notice that they were completed, and that they never were offered or tendered to him. The plaintiff contended that he gave such notice by a letter, which he testified that he wrote and sent by mail directed to the defendant at Boston, where the defendant’s place of business was. There was no…
1Opinion of the CourtGray, J.
The depositing of a letter in the post-office, addressed to a merchant at his place of business, is primé facie evidence that he received it in the ordinary course of the mails ; and where there is no other evidence, the jury should be so instructed. Parsons, C. J., in Munn v. Baldwin, 6 Mass. 316, 317. Parker, C. J., in Groton v. Lancaster, 16 Mass. 110, 112. Shaw, C. J., in Dana v. Kemble, 19 Pick. 112, 114. Gibson, C. J., in Callan v. Gaylord, 3 Watts, 321. Oaks v. Weller, 16 Verm. 63. Russell v. Buckley, 4 R. I. 525. 1 Greenl. Ev. § 40. 1 Taylor on Ev. (5th ed.) § 147.
The presumption so…
2Cases cited4 opinions
- Oaks v. WellerSupreme Court of Vermont · 1844
- Munn v. BaldwinMassachusetts Supreme Judicial Court · 1810
- Callan v. GaylordSupreme Court of Pennsylvania · 1834
- Inhabitants of Groton v. Inhabitants of LancasterMassachusetts Supreme Judicial Court · 1819
3Cited by72 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Crude Oil Corp. v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1947
- United States v. George Anderson Bowen, Jr.Court of Appeals for the Third Circuit · 1969
- Schutz v. JordanSupreme Court of the United States · 1891
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1885
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