Haines v. Hanrahan
Massachusetts Supreme Judicial Court
Contract for the price of ale sold by the plaintiffs to the defendant in 1867 and 1868. At the trial in the superior court, before Pitman, J., the evidence of the plaintiffs, who resided in Manchester, New Hamp shire, tended to show that the defendant, who resided at Manchester in this Commonwealth, sent them written orders for the ale, upon which they forwarded it to him; and it was not disputed that the contract of sale was made, and the ale delivered in pursuance of it,…
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Contract for the price of ale sold by the plaintiffs to the defendant in 1867 and 1868. At the trial in the superior court, before Pitman, J., the evidence of the plaintiffs, who resided in Manchester, New Hamp shire, tended to show that the defendant, who resided at Manchester in this Commonwealth, sent them written orders for the ale, upon which they forwarded it to him; and it was not disputed that the contract of sale was made, and the ale delivered in pursuance of it, in New Hampshire. The defendant admitted that he received the ale, “ but contended that he was not liable to pay for the…
1Opinion of the CourtGray, J.
The plaintiffs have not shown any ground for sustaining either of their exceptions to the rulings and instructions at the trial.
1. The testimony introduced by the defendant to show that the ale was intoxicating does not appear to have been incompetent. The court cannot know, as matter of law, that the witness who testified that it was intoxicating was not able to satisfy himself of that fact by his senses of sight and smell.
2. If the law of New Hampshire, on which the plaintiffs relied, was contained in a written statute, the question of its construction was doubtless for the court. But no…
2Cases cited1 opinion
- Kline v. BakerMassachusetts Supreme Judicial Court · 1868
3Cited by5 opinions
- Commonwealth v. ThebergeMassachusetts Supreme Judicial Court · 1953
- Hackett v. PotterMassachusetts Supreme Judicial Court · 1883
- State v. MercierSupreme Court of Vermont · 1925
- Mercantile Guaranty Co. v. HiltonMassachusetts Supreme Judicial Court · 1906
- Commonwealth v. GavinMassachusetts Supreme Judicial Court · 1894