Blackington v. Johnson
Massachusetts Supreme Judicial Court
Contract against the maker of a promissory note for $300, dated November 12, 1875, and payable, six months after date, to the order of the plaintiff’s intestate. Writ dated December 13, 1876. The answer contained a general denial, and alleged payment by another promissory note for $300, dated May 12, 1876, signed by the defendant, payable in six months, and delivered to the plaintiff’s intestate.
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Contract against the maker of a promissory note for $300, dated November 12, 1875, and payable, six months after date, to the order of the plaintiff’s intestate. Writ dated December 13, 1876. The answer contained a general denial, and alleged payment by another promissory note for $300, dated May 12, 1876, signed by the defendant, payable in six months, and delivered to the plaintiff’s intestate. The defendant also filed a declaration • in set-off for services rendered the intestate, to the amount of $506. The plaintiff thereupon was allowed to amend his declaration by adding a second count…
1Opinion of the CourtGray, C. J.
The allegations in one count of the declaration were not conclusive evidence against the plaintiff upon the trial of the other. Gen. Sts. c. 129, § 72. Lyons v. Ward, 124 Mass. 364.
The effect of the auditor’s general finding as prima facie evidence might be overcome by the particular facts and the evidence stated in his report and warranting a different conclusion. Commonwealth v. Cambridge, 4 Met. 35. Taunton Iron Co. v. Richmond, 8 Met. 434, 436. Peru Co. v. Whipple Manuf. Co. 109 Mass. 464, 466.
The admission of the questions put upon cross-examination was within the discretion of the…
2Cases cited3 opinions
- Peru Steel & Iron Co. v. Whipple File & Steel Manufacturing Co.Massachusetts Supreme Judicial Court · 1872
- Yeaker's heirs v. Yeaker's heirsCourt of Appeals of Kentucky · 1862
- Lyons v. WardMassachusetts Supreme Judicial Court · 1878
3Cited by11 opinions
- Cook v. Farm Service Stores, Inc.Massachusetts Supreme Judicial Court · 1938
- Herman v. FineMassachusetts Supreme Judicial Court · 1943
- Hanzes v. FlavioMassachusetts Supreme Judicial Court · 1920
- Lunn & Sweet Co. v. WolfmanMassachusetts Supreme Judicial Court · 1929
- O'Connell v. DowMassachusetts Supreme Judicial Court · 1903
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