Hindle v. Healy
Massachusetts Supreme Judicial Court
Contbact, upon an account annexed containing one hundred and fifty-eight items of lumber alleged to have been sold to the defendant by the plaintiff. Writ dated October 4,1905. The case was referred to Benjamin Cook, junior, Esquire, as auditor. He found “ that the plaintiff sold the goods stated in the account annexed on the sole credit of the defendant and sold them to the defendant,” and that the account annexed was a true statement.
Read the full summary
Contbact, upon an account annexed containing one hundred and fifty-eight items of lumber alleged to have been sold to the defendant by the plaintiff. Writ dated October 4,1905. The case was referred to Benjamin Cook, junior, Esquire, as auditor. He found “ that the plaintiff sold the goods stated in the account annexed on the sole credit of the defendant and sold them to the defendant,” and that the account annexed was a true statement. The case was tried before Raymond, J. The plaintiff introduced the auditor’s report in evidence and rested. The defendant’s contention was that the plaintiff…
1Opinion of the CourtMorton, J.
This case comes here on the defendant’s exceptions to the admission and exclusion of evidence, and to the refusal of the presiding judge to give certain rulings that were requested.
1. The first exception is to the exclusion of questions put on direct examination by the defendant to the witness Barrington as to whether she had seen a writ in an action brought by the plaintiff against Saucier in which Thomas Healy was named as trustee. If such a writ had been issued, the writ itself or the record, if it had been returned to court, was the best evidence. No offer was made to show that the writ…
2Cases cited3 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Hutchins v. ShawMassachusetts Supreme Judicial Court · 1850
- Dailey v. ColemanMassachusetts Supreme Judicial Court · 1877
3Cited by1 opinion
- Portland Maine Publishing Co. v. Eastern Tractors Co.Massachusetts Supreme Judicial Court · 1935