Prince v. Smith
Massachusetts Supreme Judicial Court
This was an action of the case upon an account annexed. The account consisted principally of charges for goods sold and delivered, at sundry times, from July, 1797, to April, 1799, by the plaintiff’s intestate, to the defendant; besides which, several sums of money are charged as paid to sundry persons by order of the de fendant, and one article in the account is a charge of four years’ rent of certain marshes.
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This was an action of the case upon an account annexed. The account consisted principally of charges for goods sold and delivered, at sundry times, from July, 1797, to April, 1799, by the plaintiff’s intestate, to the defendant; besides which, several sums of money are charged as paid to sundry persons by order of the de fendant, and one article in the account is a charge of four years’ rent of certain marshes. Upon the general issue joined, the action was tried, at June term, 1806, before Thatcher, J., and a verdict found for the plaintiff. At the trial, the plaintiff, to maintain the issue…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Sewall, J.
The exceptions in this case present two questions: —
1. Whether the statement in the hand-writing of the plaintiff’s intestate, purporting to be his account against the defendant, a copy *400of which is annexed to the plaintiff’s writ, was competent evidence for the consideration of the jury, and properly admitted at the trial; and,
2. Whether, if competent to any purpose, it was not plainly incompetent as to certain items, particularly ■ the charge of rent, payments to order, &c.; and whether, therefore, the jury ought not to have been…
2Cases cited2 opinions
- Cogswell v. DolliverMassachusetts Supreme Judicial Court · 1806
- Faxon v. HollisMassachusetts Supreme Judicial Court · 1816
3Cited by21 opinions
- Guaranty Trust and Safe Deposit Co. v. Green Cove Springs and Melrose RailroadSupreme Court of the United States · 1891
- Crall v. City of LeominsterMassachusetts Supreme Judicial Court · 1972
- Evans's AppealSupreme Court of Pennsylvania · 1868
- Warner v. Warner's EstateSupreme Court of Vermont · 1864
- Sprague v. NorwayCalifornia Supreme Court · 1866
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