Coffing v. Dodge
Massachusetts Supreme Judicial Court
Contract, for breach of a contract to invest the plaintiff’s money safely, with counts in tort for fraudulent representations as to the investment, and for negligence in such investment. The answer, among other defences, set up the statute of limitations.
Read the full summary
Contract, for breach of a contract to invest the plaintiff’s money safely, with counts in tort for fraudulent representations as to the investment, and for negligence in such investment. The answer, among other defences, set up the statute of limitations. After the former decision, reported 167 Mass. 231, the case was tried in the Superior Court, before Hardy, J. The jury returned a verdict for the plaintiff in the sum of $8,948.20; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtBarker, J.
1. The defendant, after verdict, moved for a new trial, alleging that in the assessment of damages the jury did not adopt the rule given by the court, but some rule inconsistent with the instructions, and so rendered a verdict in excess of the amount authorized by their instructions. Upon the hearing of this motion the court ordered the verdict to be set aside unless the plaintiff should remit the sum of $1,500, and that, if the defendant should waive his exceptions taken at the trial, the verdict should be set aside unless the plaintiff remitted $1,800. The defendant declined to waive his…
2Cases cited1 opinion
- West v. PlattMassachusetts Supreme Judicial Court · 1879
3Cited by3 opinions
- Kinnear v. General Mills, Inc.Massachusetts Supreme Judicial Court · 1941
- Hayward v. LangmaidMassachusetts Supreme Judicial Court · 1902
- Lambert v. CheneyMassachusetts Supreme Judicial Court · 1915