Legal Opinion

American Locomotive Co. v. Hamblen

Massachusetts Supreme Judicial Court

Decided May 20, 1914PublishedCited by 11 opinions

Contract upon an account annexed for work done and materials furnished. Writ in the Municipal Court of the City of Boston dated January 21, 1913. On removal to the Superior Court, the case was referred to Clarence L. Newton, Esquire, as auditor, who in his report raiséd the question of evidence described in the opinion. The case was heard upon the auditor’s report by Hall, J., without a jury.

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Contract upon an account annexed for work done and materials furnished. Writ in the Municipal Court of the City of Boston dated January 21, 1913. On removal to the Superior Court, the case was referred to Clarence L. Newton, Esquire, as auditor, who in his report raiséd the question of evidence described in the opinion. The case was heard upon the auditor’s report by Hall, J., without a jury. Subject to exceptions by the defendant, the judge ruled on the question of evidence as stated in the opinion and found for the plaintiff in the sum of $612.51. The defendant alleged exceptions.

1Opinion of the CourtRugg, C. J.

The question presented on this record is one of evidence. This is an action to recover for work done and materials furnished by the plaintiff to the defendant between October, 1911, and August, 1912. To prove its case the plaintiff offered its book accounts, together with testimony to the effect that it kept a large repair shop where workmen and mechanics were employed. Each employee noted on cards the time devoted by him to each particular job, and on separate cards the hour when he began *514and stopped work for the day. Thus, at the close of each day, one card indicated the number of hours of…

2Cases cited1 opinion

  1. Mulvey v. City of BostonMassachusetts Supreme Judicial Court · 1908

3Cited by11 opinions

  1. Hanscom v. Malden & Melrose Gas Light Co.Massachusetts Supreme Judicial Court · 1914
  2. Commonwealth v. GreenbergMassachusetts Supreme Judicial Court · 1959
  3. Hein-Werner Corp. v. Jackson Industries, Inc.Massachusetts Supreme Judicial Court · 1974
  4. Goodwin Brothers Leasing, Inc. v. NousisMassachusetts Supreme Judicial Court · 1977
  5. Wynn v. Board of AssessorsMassachusetts Supreme Judicial Court · 1932

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