Krupp v. Craig

In this case the declaration sets out a cause of action in assumpsit, in a form which was used in this Commonwealth before the practice act was adopted in 1852, and is one which may now be used if the pleader elects to do so. See American Precedents of Declarations (1821), 126. See Raymond v. Eldridge, 111 Mass. 390. The answer of the defendant is a general denial, a plea of payment, and the statute of limitations.

At the close of the evidence the judge, in response to a motion by the defendant that on all the evidence a verdict be directed for him, ruled as follows: “ I am going to grant the…