Moseley v. Washburn
Massachusetts Supreme Judicial Court
. Two actions of tort, for making false answers in two .cases where the present defendant had been summoned as trustee. The cases were tried together in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows.
Read the full summary
. Two actions of tort, for making false answers in two .cases where the present defendant had been summoned as trustee. The cases were tried together in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. Cassius C. Powers, called as a witness by the plaintiffs, testified that he was an attorney at law, and was counsel for the plaintiffs in the actions, which were against one Brion, in which the present defendant was summoned as trustee; that he knew that Brion had obtained judgment against the plaintiff Sarah L. Moseley, and the witness brought…
1Opinion of the CourtKnowlton, J.
In each of these cases the defendant asked the court to rule that there was no evidence to warrant a verdict for the plaintiff. This ruling was rightly refused. Although there was little dispute in regard to the papers in evidence, there was a great conflict of testimony in regard to the relations of the defendant to Brion, and the capacity in which he was acting at the time when the payment was made. There was evidence from which the jury might find that the paper in the form of an assignment from Brion to the defendant was never intended by the parties to be delivered, or to take effect as…
2Cases cited3 opinions
- Neff v. Inhabitants of WellesleyMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. EsteMassachusetts Supreme Judicial Court · 1885
- Commonwealth v. GavinMassachusetts Supreme Judicial Court · 1888
3Cited by6 opinions
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Doherty v. Phoenix InsuranceMassachusetts Supreme Judicial Court · 1916
- Shattuck v. EldredgeMassachusetts Supreme Judicial Court · 1899
- Maidman v. RoseMassachusetts Supreme Judicial Court · 1925
1 more not listed; retrieve them via the Exa API.