Bryant v. Tidgewell
Massachusetts Supreme Judicial Court
Tort, under the St. of 1879, c. 297, against Harriet Tidgewell and Thomas Allen. 'Writ dated February 7, 1880. The declaration contained two counts.
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Tort, under the St. of 1879, c. 297, against Harriet Tidgewell and Thomas Allen. 'Writ dated February 7, 1880. The declaration contained two counts. The first count alleged that the plaintiff was, and had been for several years past, the wife of Amasa F. Bryant; that her husband, prior to and since April 30th last, was in the habit of using intoxicating liquor to excess, and was in the habit of becoming drunk and intoxicated; that this habit of drunkenness of said Amasa was well known to the defendants; that the plaintiff notified the defendant Tidgewell not to sell or deliver to her said…
1Opinion of the CourtField, J.
The first exception was submitted without argument by the defendant. The declaration alleges “habitual intoxication,” and it was open to the plaintiff to prove sales on more than two occasions.
As to the second exception, the credibility of the witness had not been attacked by the plaintiff. It appears that the witness was one of the defendants, and therefore directly interested in the suit. The evidence offered by the other defendant, that the witness was “ without any means to satisfy any judgment which might be obtained against her in this cause,” had no tendency to show that she was not…
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