Waterhouse v. Levine
Massachusetts Supreme Judicial Court
Contract for goods sold and delivered. Writ in the Municipal Court of. the City of Boston dated April 13, 1901. On appeal to the Superior Court the case was tried before Sherman, J., without a jury. The defence pleaded and relied upon was a former judgment. The judge refused to rule that the judgment was a bar to this action, and made the ruling stated by the court, admitting evidence to show the issue tried in the former action.
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Contract for goods sold and delivered. Writ in the Municipal Court of. the City of Boston dated April 13, 1901. On appeal to the Superior Court the case was tried before Sherman, J., without a jury. The defence pleaded and relied upon was a former judgment. The judge refused to rule that the judgment was a bar to this action, and made the ruling stated by the court, admitting evidence to show the issue tried in the former action. He found for the plaintiff in the sum of $336.04; and the defendant alleged exceptions.
1Opinion of the CourtBarker, J.
The defendant contends that the plaintiffs cannot maintain this action because judgment was rendered for the defendant upon a trial in a previous action between the same parties and for the same cause of action. Evidence was admitted in this action against the defendant’s exception that the former judgment was upon the ground that the first suit was prematurely brought, the goods for the price of which both suits were brought having been sold upon a credit which had not expired when the first action was begun. The judge found as a fact that the only issue decided in the former action was…
2Cases cited13 opinions
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Watts v. WattsMassachusetts Supreme Judicial Court · 1894
- Franklin Savings Institution v. ReedMassachusetts Supreme Judicial Court · 1878
- Evans v. ClappMassachusetts Supreme Judicial Court · 1877
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Miller v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1935
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- Lindemann v. RuskWisconsin Supreme Court · 1905
- Wishnewsky v. Town of SaugusMassachusetts Supreme Judicial Court · 1950
- United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1920
12 more not listed; retrieve them via the Exa API.