Sullivan v. Crave & Martin Co.
Massachusetts Supreme Judicial Court
Contract to recover commissions for the sale of chocolate / and cocoa while the plaintiff was selling the defendant’s goods in the city of Boston.
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Contract to recover commissions for the sale of chocolate / and cocoa while the plaintiff was selling the defendant’s goods in the city of Boston. Writ in the Municipal Court of the city of Boston dated October 26,1903. On appeal to the Superior Court the case was tried before Lawton, J. It appeared that the defendant was a wholesale dealer and manufacturer of chocolate and cocoa in the city of New York; and that the plaintiff was its New England agent, having a place of business in the city of Boston, and acted as such agent for a period of about three years. In the course of the trial it…
1Opinion of the CourtBraley, J.
By R. L. c. 173, § 106, while exceptions taken at a trial must be reduced to writing, and the bill filed within twenty days after verdict, it is common practice at the hearing to determine whether they are conformable to the truth to allow amendments for the purpose of more fully or accurately stating the exceptions alleged. But if the statutory time has expired *437an exception not stated originally cannot be added by way of amendment without the consent of the adverse party, and of the presiding judge. Arvilla v. Spaulding, 121 Mass. 505. Currier v. Williams, 189 Mass. 214. In the bill as filed…
2Cases cited5 opinions
- Hector v. Boston Electric Light Co.Massachusetts Supreme Judicial Court · 1894
- Howe v. RayMassachusetts Supreme Judicial Court · 1873
- Arvilla v. SpauldingMassachusetts Supreme Judicial Court · 1877
- Currier v. WilliamsMassachusetts Supreme Judicial Court · 1905
- Worcester Coal Co. v. UtleyMassachusetts Supreme Judicial Court · 1897
3Cited by2 opinions
- Commonwealth v. DowMassachusetts Supreme Judicial Court · 1914
- Commonwealth v. DavisMassachusetts Supreme Judicial Court · 1933