Burke v. Kaley
Massachusetts Supreme Judicial Court
Contract for money lent by the plaintiff to Jeremiah Sullivan, the defendant’s intestate, on September 9, 1878, and November 17,1879. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows; Sullivan was seriously ill for several months prior to the time of the alleged first loan, but at that time had so far recovered that he went from Boston to Marlborough, a distance of thirty-eight miles, and remained a short time, but was,…
Read the full summary
Contract for money lent by the plaintiff to Jeremiah Sullivan, the defendant’s intestate, on September 9, 1878, and November 17,1879. Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows; Sullivan was seriously ill for several months prior to the time of the alleged first loan, but at that time had so far recovered that he went from Boston to Marlborough, a distance of thirty-eight miles, and remained a short time, but was, from the time of his illness, unable to engage in his usual business, that of section hand on a railroad, and did not…
1Opinion of the Court
By the Court.
The facts that the defendant’s intestate had money in two savings banks, and that he drew out enough to pay his expenses, do not necessarily tend to prove any of the issues in the case. To admit them might open the door to a wide range of inquiry upon collateral issues; and we are of opinion that the court had the right to exclude them.
Exceptions overruled.
2Cited by7 opinions
- Lee v. TarplinMassachusetts Supreme Judicial Court · 1903
- Soja v. FligierMassachusetts Supreme Judicial Court · 1927
- Worthington v. Plymouth County RailroadMassachusetts Supreme Judicial Court · 1897
- Prifti v. HendrickMassachusetts Supreme Judicial Court · 1943
- Sellick v. ForstersSupreme Court of New Jersey · 1938
2 more not listed; retrieve them via the Exa API.