Morris v. Briggs
Massachusetts Supreme Judicial Court
This was an action of assumpsit, commenced at the January term of the court of common pleas, 1847, to recover the amount of the plaintiff’s demand against the defendant, for painting and glazing, and materials furnished therefor, according to an account annexed to the writ.
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This was an action of assumpsit, commenced at the January term of the court of common pleas, 1847, to recover the amount of the plaintiff’s demand against the defendant, for painting and glazing, and materials furnished therefor, according to an account annexed to the writ. The case was referred to an auditor, who reported thereon, that if the plaintiff’s book of accounts was admissible in evidence, he had proved a balance due him of $162-84; and that if the book was not admissible, he had only proved a balance of $91.93. It appeared, from the auditor’s report, that the plaintiff claimed the…
1Opinion of the Court
By the court.
The court are of opinion, that, on the facts reported by the auditor, the plaintiff’s books were competent evidence, and that the plaintiff is entitled to recover, according to the verdict, for the larger sum reported by the auditor: Also, that no execution issue on this judgment, but that a certificate go, &c., stating the several sums recovered as debt and costs, which are to be allowed as a debt proved by the plaintiff, under proceedings in insolvency, against the defendant, and the costs to be j>aid in full.
2Cited by1 opinion
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