Capron v. Anness
Massachusetts Supreme Judicial Court
Conteact. The declaration was as follows: “ And the plaintiff says that Howard F. Solomon gave the plaintiff an order upon the defendant for the amount of money which was then due from the defendant to the said Solomon, to wit, the sum of fifty dollars; which order the defendant accepted and agreed to pay, a copy whereof is hereunto annexed, and the defendant owes the plaintiff the amount for which said order was given, to wit, the sum of fifty dollars.”
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Conteact. The declaration was as follows: “ And the plaintiff says that Howard F. Solomon gave the plaintiff an order upon the defendant for the amount of money which was then due from the defendant to the said Solomon, to wit, the sum of fifty dollars; which order the defendant accepted and agreed to pay, a copy whereof is hereunto annexed, and the defendant owes the plaintiff the amount for which said order was given, to wit, the sum of fifty dollars.” The copy annexed was as follows: “ Dec. 9th, 1881. To Byron H. Anness. Pay Elijah Capron what money may be due me, and charge the same to my…
1Opinion of the CourtHolmes, J.
If there is any exception to what took place at the trial properly before us, it must be overruled. Supposing that the allegation that fifty dollars was due Solomon would have been bad on demurrer, for want of an averment of consideration, an objection to the informality could not be taken in the form of an objection to evidence in support of it. Tapley v. Goodsell, 122 Mass. 176, 181. Chace v. Sherman, 119 Mass. 387, 391. Furthermore, the evidence would have been admissible, in any event, for another purpose, to prove the amount for which the order purported to be given, as matter which…
2Cases cited3 opinions
- Tapley v. GoodsellMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1883
- Chace v. ShermanMassachusetts Supreme Judicial Court · 1876
3Cited by8 opinions
- Lopes v. ConnollyMassachusetts Supreme Judicial Court · 1912
- May v. WoodMassachusetts Supreme Judicial Court · 1898
- Commonwealth v. TeregnoMassachusetts Supreme Judicial Court · 1919
- Soper v. ManningMassachusetts Supreme Judicial Court · 1893
- Garrity v. HigginsMassachusetts Supreme Judicial Court · 1901
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