Prew v. Donahue
Massachusetts Supreme Judicial Court
Contract to recover the price of 130 pounds of hay. Answer, a general denial. Trial in the Superior Court before Rockwell, J., who allowed a bill of exceptions in substance as follows: E. W. Brown, weigher of hay, called by the plaintiff,'produced his official book, by which it appeared that he weighed some hay for the defendant in October, 1872, to the amount of 130 pounds.
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Contract to recover the price of 130 pounds of hay. Answer, a general denial. Trial in the Superior Court before Rockwell, J., who allowed a bill of exceptions in substance as follows: E. W. Brown, weigher of hay, called by the plaintiff,'produced his official book, by which it appeared that he weighed some hay for the defendant in October, 1872, to the amount of 130 pounds. It did not appear from the original record of whom the hay was purchased, but the name of “ Paul Prew,” was inserted in pencil marks in the handwriting of a person who became Brown’s assistant in July, 1873. This was not…
1Opinion of the Court
By the Court.
The certificate, not made by the weigher, was erroneously admitted; and the case does not present the question whether, if it had been made by an official weigher, it would have been competent evidence.
Exceptions sustained.
2Cited by2 opinions
- Field v. ThompsonMassachusetts Supreme Judicial Court · 1875
- Owens v. StateCourt of Appeals of Maryland · 1887