Clark v. Murphy
Massachusetts Supreme Judicial Court
Contract, to recover the price of goods sold and delivered. Trial in the Superior Court, before Dewey, J., who directed the jury to return a verdict for the plaintiffs; and the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtLathrop, J.
There being no dispute at the trial of this case that the goods for the price of which this action is brought were sold and delivered by the plaintiffs to the defendant, the remaining issue raised by the pleadings is payment. On this issue the burden of proof is upon the defendant. Burnham v. Allen, 1 Gray, 496. Hilton v. Smith, 5 Gray, 400. The exceptions on this point show the giving of a cheek upon a bank to one Marks, who purported to be an agent of the plaintiffs, for the amount of the bill of the goods sued for. The check was made payable to the order of the plaintiffs. Marks forged an…
2Cases cited7 opinions
- McKindly v. DunhamWisconsin Supreme Court · 1882
- Clark v. SmithIllinois Supreme Court · 1878
- Butler v. DormanSupreme Court of Missouri · 1878
- Kornemann v. MonaghanMichigan Supreme Court · 1871
- Clough v. WhitcombMassachusetts Supreme Judicial Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Boice-Perrine Co. v. KelleyMassachusetts Supreme Judicial Court · 1923
- Jamrog v. H. L. Handy Co.Massachusetts Supreme Judicial Court · 1933
- Lakeside Press & Photo-Engraving Co. v. CampbellSupreme Court of Florida · 1897
- Crane Co. v. PARK CONSTRUCTION CO. INC.Massachusetts Supreme Judicial Court · 1969
- R. T. Adams Co. v. IsraelMassachusetts Supreme Judicial Court · 1923
4 more not listed; retrieve them via the Exa API.