Stone v. Stone
Massachusetts Supreme Judicial Court
Contract by the surviving executor under the will of Phineas J. Stone, who died on August 12, 1891. Writ dated June 11, 1895. The declaration originally contained three counts, but the third count was stricken from the declaration by agreement.
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Contract by the surviving executor under the will of Phineas J. Stone, who died on August 12, 1891. Writ dated June 11, 1895. The declaration originally contained three counts, but the third count was stricken from the declaration by agreement. The first count sought to recover $5,000 and interest on an unwitnessed note dated November 17, 1879, payable three months after date. ,The defendant pleaded the statute of limitations, and on this count Hardy, J. in the Superior Court found for the defendant. The second count sought to recover $20,000 and interest on an alleged note of the defendant…
1Opinion of the CourtLoring, J.
We are of opinion that in this case there was a mistrial before the auditor as well as before the court. The auditor in our opinion was wrong in excluding evidence offered by the defendant. In place of asking to have the case recommitted to the auditor on this ground the defendant, at the trial before the court, offered the evidence excluded by the auditor. The judge followed the rulings of the auditor.
1. Evidence of the unfriendly relations between Amos and his wife was competent. The defences set up were, in the words of the bill of exceptions, that the note “ was originally given as part…
2Cases cited3 opinions
- Clark v. ClarkMassachusetts Supreme Judicial Court · 1897
- Bayley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1878
- Phillips v. County of MiddlesexMassachusetts Supreme Judicial Court · 1879
3Cited by5 opinions
- London Guarantee & Accident Co. v. WoelfleCourt of Appeals for the Eighth Circuit · 1936
- Commonwealth v. ValliereMassachusetts Supreme Judicial Court · 1974
- Gorham v. MoorMassachusetts Supreme Judicial Court · 1908
- Shearer v. WelchSupreme Court of Vermont · 1966
- Siegel v. ThernMassachusetts Supreme Judicial Court · 1918