Poole v. Dean
Massachusetts Supreme Judicial Court
Writ oe entry to recover certain undivided parts of a parcel of land in North Attleborough. At the trial in the Superior Court, before Hammond, J., it appeared in evidence that one Moore, who died in 1888 seised of the parcel in question, in 1887 executed a deed thereof to the tenant.
Read the full summary
Writ oe entry to recover certain undivided parts of a parcel of land in North Attleborough. At the trial in the Superior Court, before Hammond, J., it appeared in evidence that one Moore, who died in 1888 seised of the parcel in question, in 1887 executed a deed thereof to the tenant. The demandants, who were certain of the heirs at law of Moore, contended that he was not of sufficient mental capacity to execute the deed, and introduced evidence tending to show that his mind was impaired, and that at times he did not understand what he was doing. Doctor Brown, called as a witness by the…
1Opinion of the CourtKnowlton, J.
The only exceptions relied on by the tenant are to the admission in evidence of the answers of Dr. Brown to the last two questions set out in the bill. The competency of the witness as an expert is not in dispute, and no objection is made to the form of the questions.
The witness was called upon to give his opinion as to the mental condition of Moore in regard to his capacity for the transaction of business, and this involved merely his judgment as an expert upon matters within his field of investigation. The standard which he was asked to use in expressing his opinion was “ the usual and…
2Cases cited1 opinion
- May v. BradleeMassachusetts Supreme Judicial Court · 1879
3Cited by15 opinions
- National Bank of Commerce v. City of New BedfordMassachusetts Supreme Judicial Court · 1900
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
- Prendible v. Connecticut River Manufacturing Co.Massachusetts Supreme Judicial Court · 1893
- State v. McGruderSupreme Court of Iowa · 1904
- Commonwealth v. ChapinMassachusetts Supreme Judicial Court · 1956
10 more not listed; retrieve them via the Exa API.