Posell v. Herscovitz
Massachusetts Supreme Judicial Court
Contract upon an agreement in writing whereby the plaintiff agreed faithfully and diligently to serve as designer and manager in the factory of the defendants, “which manufactures skirts, suits and coats for Ladies and Misses,” and the defendants agreed to pay the plaintiff $60 per week for the period of six months, the plaintiff further agreeing “to guarantee for the fit of all garments manufactured by the” defendants "and also to fulfill this agreement for the term of six…
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Contract upon an agreement in writing whereby the plaintiff agreed faithfully and diligently to serve as designer and manager in the factory of the defendants, “which manufactures skirts, suits and coats for Ladies and Misses,” and the defendants agreed to pay the plaintiff $60 per week for the period of six months, the plaintiff further agreeing “to guarantee for the fit of all garments manufactured by the” defendants "and also to fulfill this agreement for the term of six months.” Writ dated July 14, 1919. In the Superior Court, the action was tried before Morton, J. Material evidence and…
1Opinion of the CourtRugg, C. J.
The counsel for the defendants in his opening to the jury referred to letters which his clients “claimed to have read to the plaintiff” and attempted to state their substance. Thereupon the judge restrained counsel and restricted the opening, saying that the question of the admissibility of the letters would be open later when offered as evidence. In this there was no reversible error. The proper function of an opening is to outline in a general way the nature of the case which the counsel expects to be able to prove or support by evidence. He should not be allowed to state facts which are…
2Cases cited30 opinions
- Field v. GowdyMassachusetts Supreme Judicial Court · 1908
- United States Fidelity & Guaranty Co. v. PoetkerIndiana Supreme Court · 1913
- Whitney v. Wellesley & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Thornhill v. Carpenter-Morton Co.Massachusetts Supreme Judicial Court · 1915
- Commonwealth v. HowardMassachusetts Supreme Judicial Court · 1910
25 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Commonwealth v. DascalakisMassachusetts Supreme Judicial Court · 1923
- Commonwealth v. DyerMassachusetts Supreme Judicial Court · 1922
- Commonwealth v. FlynnMassachusetts Supreme Judicial Court · 1972
- Commonwealth v. ClarkMassachusetts Supreme Judicial Court · 1935
- Coe v. CoeMassachusetts Supreme Judicial Court · 1943
92 more not listed; retrieve them via the Exa API.