Cassidy v. Farrell
Massachusetts Supreme Judicial Court
Contract on an account annexed for the price of certain quantities of rum, gin, whiskey and brandy, sold in October and November 1869 by the plaintiff to the defendant, who answered, denying generally the plaintiff’s allegations, and alleging that, “if the plaintiff shall offer any evidence tending to prove the items in the account, the defendant will offer evidence tending to prove that said items were spirituous and intoxicating liquors, sold, delivered and carted by the…
Read the full summary
Contract on an account annexed for the price of certain quantities of rum, gin, whiskey and brandy, sold in October and November 1869 by the plaintiff to the defendant, who answered, denying generally the plaintiff’s allegations, and alleging that, “if the plaintiff shall offer any evidence tending to prove the items in the account, the defendant will offer evidence tending to prove that said items were spirituous and intoxicating liquors, sold, delivered and carted by the plaintiff to the defendant in violation of the laws of this Commonwealth, and without consideration, and against law,…
1Opinion of the CourtChapman, C. J.
By the Gen. Sts. c. 129, § 20, “ the answer shall set forth in clear and precise terms each substantive fact intended to be relied upon in avoidance of the action.” Its plain meaning is, that these facts shall be averred positively. This is in accordance with all just ideas of pleading. The allegation of the answer in this case, that “ the defendant will offer evidence tending to prove that said items were spirituous and intoxicating liquors, sold, delivered and carted by the plaintiff to the defendant in violation of the laws of this Commonwealth,” is not an allegation that they were thus…
2Cited by7 opinions
- O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
- Suit v. WoodhallMassachusetts Supreme Judicial Court · 1875
- Lewis v. RussellMassachusetts Supreme Judicial Court · 1939
- Conner v. BaxterSupreme Court of Iowa · 1904
- Mountford v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1909
2 more not listed; retrieve them via the Exa API.