Newell v. Borden
Massachusetts Supreme Judicial Court
Contract on an account annexed for work and materials, originally brought in the Second District Court of Bristol, against the first-named defendant alone. Judgment was entered for the plaintiff; and the defendant appealed to the Superior Court. In that court he filed an answer in abatement, alleging the nonjoinder of certain persons as defendants, and also an answer containing a general denial.
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Contract on an account annexed for work and materials, originally brought in the Second District Court of Bristol, against the first-named defendant alone. Judgment was entered for the plaintiff; and the defendant appealed to the Superior Court. In that court he filed an answer in abatement, alleging the nonjoinder of certain persons as defendants, and also an answer containing a general denial. Both issues were tried together, and a verdict was rendered for the defendant upon his answer in abatement. The plaintiff then amended his writ and pleadings, and summoned in those persons named in…
1Opinion of the CourtGray, C. J.
The defendants were not a corporation, and any record of their doings, if admissible in their favor, would not be the only evidence of facts stated therein. Oral testimony that they had passed a vote authorizing the acts of Borden was competent to show that the other defendants were jointly liable with him. The fact that one of them, who acted as clerk of the meeting, had since destroyed the informal minutes which he had taken for the purpose of preparing a record, afforded no reason for depriving the plaintiff of the benefit of his testimony. The exclusion of this evidence, and the ruling…
2Cited by8 opinions
- Sweetman v. BarrowsMassachusetts Supreme Judicial Court · 1928
- W. A. Snow Iron Works, Inc. v. ChadwickMassachusetts Supreme Judicial Court · 1917
- Willcox v. ArnoldMassachusetts Supreme Judicial Court · 1895
- Ray v. PowersMassachusetts Supreme Judicial Court · 1883
- Volger v. RayMassachusetts Supreme Judicial Court · 1881
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