Hill v. Crompton
Massachusetts Supreme Judicial Court
Contract, by the surviving partner of the firm of Hill '& Chapman, on an account annexed, for money paid to E. C. Cleveland, the defendants’ testator, and for services and expenses incurred in the prosecution of a suit brought by the plaintiff, as such surviving partner, against the Hewburg Woollen Company, at the alleged request of Cleveland, to recover payment for certain machinery which Cleveland manufactured, as the agent of Hill & Chapman, for the Newburg Woollen…
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Contract, by the surviving partner of the firm of Hill '& Chapman, on an account annexed, for money paid to E. C. Cleveland, the defendants’ testator, and for services and expenses incurred in the prosecution of a suit brought by the plaintiff, as such surviving partner, against the Hewburg Woollen Company, at the alleged request of Cleveland, to recover payment for certain machinery which Cleveland manufactured, as the agent of Hill & Chapman, for the Newburg Woollen Company, and delivered to said company. Writ dated October 27, 1873. The account annexed showed a debit of $4353.68, and a…
1Opinion of the CourtDevens, J.
Upon an answer denying each and every allegation in the plaintiff’s declaration, the plaintiff is bound to make out his case, and all the facts necessary to be proved by him for this purpose are put in issue. Davis v. Travis, 98 Mass. 222. While the defendants pleaded nothing in avoidance or discharge of the liability, which the plaintiff sought to impose upon the estate of their testator, but simply negatived the averments of the declaration, they were entitled by any appropriate evidence to meet" that offered by the plaintiff, and thus disprove their liability. Under an answer denying the…
2Cases cited3 opinions
- Brigham v. ClarkMassachusetts Supreme Judicial Court · 1868
- Davis v. TravisMassachusetts Supreme Judicial Court · 1867
- Hawes v. RyderMassachusetts Supreme Judicial Court · 1868
3Cited by9 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. NickersonMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. HeskethMassachusetts Supreme Judicial Court · 1982
- McRae v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
- Friedenwald Co. v. WarrenMassachusetts Supreme Judicial Court · 1907
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