Peru Steel & Iron Co. v. Whipple File & Steel Manufacturing Co.
Massachusetts Supreme Judicial Court
Contract for iron sold and delivered by the plaintiffs to the defendants. Writ dated March 13,1867. The case was referred to an auditor who made a report substantially as follows : In March 1866 the defendants, who owed about $19,000 to the plaintiffs, a corporation doing business in New York, became embarrassed and failed to pay their debts; the plaintiffs employed Joseph W. Foster to adjust and settle their claim upon the defendants, and Foster employed Micah Dyer, Jr., an…
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Contract for iron sold and delivered by the plaintiffs to the defendants. Writ dated March 13,1867. The case was referred to an auditor who made a report substantially as follows : In March 1866 the defendants, who owed about $19,000 to the plaintiffs, a corporation doing business in New York, became embarrassed and failed to pay their debts; the plaintiffs employed Joseph W. Foster to adjust and settle their claim upon the defendants, and Foster employed Micah Dyer, Jr., an attorney, to bring suits against the defendants for the amount, which were brought accordingly. In September 1866 the…
1Opinion of the CourtWells, J.
An auditor’s report is primáfaoie evidence, which, if not controlled, requires that judgment be rendered in accordance with its conclusions. If subordinate facts and findings are reported, a jury may draw inferences therefrom different from those drawn by the auditor, and render a verdict different from the result arrived at by the auditor. Ropes v. Lane, 9 Allen, 502. Morrill v. Keyes, 14 Allen, 222. But if the parties submit the case to the full court upon the auditor’s report alone, all inferences of fact which could reasonably be drawn from the evidence in favor of the general conclusion…
2Cited by16 opinions
- Rosenblum v. GinisMassachusetts Supreme Judicial Court · 1937
- Knapp v. AmeroMassachusetts Supreme Judicial Court · 1937
- Briggs v. GilmanMassachusetts Supreme Judicial Court · 1879
- Blackington v. JohnsonMassachusetts Supreme Judicial Court · 1878
- Emerson v. PatchMassachusetts Supreme Judicial Court · 1880
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