Johnson v. Russell
Massachusetts Supreme Judicial Court
Contract upon an order for $600, dated March 13, 1882, drawn upon the defendant by John Campbell in favor of the plaintiff, and payable out of the “ last payment.” Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows: When said order was drawn, Campbell was building a house for the defendant, and was indebted to the plaintiff for materials used in the construction of the house.
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Contract upon an order for $600, dated March 13, 1882, drawn upon the defendant by John Campbell in favor of the plaintiff, and payable out of the “ last payment.” Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows: When said order was drawn, Campbell was building a house for the defendant, and was indebted to the plaintiff for materials used in the construction of the house. After the order was drawn, Campbell brought suit against "Russell, claiming a balance due him on account of said building. His answer filed in that…
1Opinion of the CourtW. Allen, J.
Having proved the order, it lay upon the plaintiff to prove the acceptance of it by the defendant, and that there was something due from him to Campbell. For the purpose of proving the acceptance, he offered in evidence the *411answer of the defendant in a former action brought against him by Campbell, which set up the order, and alleged that the defendant had promised to pay it out of any funds in his hands, and contended that the amount of it should be deducted from Campbell’s claim. This evidence was rejected by the court solely for the reason, as was assumed at the argument, that it was a…
2Cases cited1 opinion
- Dennie v. WilliamsMassachusetts Supreme Judicial Court · 1883
3Cited by10 opinions
- Harold Hobart v. Michael P. O'brien, Harold M. Hobart v. John G. DonovanCourt of Appeals for the First Circuit · 1957
- Boston Box Co. v. ShapiroMassachusetts Supreme Judicial Court · 1924
- Clarke v. TaylorMassachusetts Supreme Judicial Court · 1929
- Fidelity & Deposit Co. v. RedfieldCourt of Appeals for the Ninth Circuit · 1925
- Peck v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
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