Boston & Worcester Railroad v. Dana
Massachusetts Supreme Judicial Court
Affidavits of jurors cannot be received to prove misconduct of the jury in the jury room. Assumpsit for money had and received. The writ was dated October 10th 1849; and contained a specification of the plaintiffs’ claim, embracing .eight items, the first five of which, amounting to $98.70, consisted of cash received by the defendant for freight, and for tickets and sleepers sold.
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Affidavits of jurors cannot be received to prove misconduct of the jury in the jury room. Assumpsit for money had and received. The writ was dated October 10th 1849; and contained a specification of the plaintiffs’ claim, embracing .eight items, the first five of which, amounting to $98.70, consisted of cash received by the defendant for freight, and for tickets and sleepers sold. The. other three items are copied in the margin* Trial before Bigelow, J. who made the following report thereof: “ This was an action of assumpsit, in which the plaintiffs sought to recover of the defendant certain…
1Opinion of the CourtBigelow, J.
The main objection, raised by the defendant in the present case, which, if well maintained, is fatal to the plaintiffs’ action, presents an interesting and important question, hitherto undetermined by any authoritative judgment in the courts of this commonwealth.
The plaintiffs seek to recover in an action of assumpsit a large sum of money alleged by them to have been fraudulently abstracted jrorn their ticket office by the defendant, while he was in then employment as depot-master, having charge of their principal railway station in Boston. In regard to this item of the plaintiffs’ claim, the…
2Cases cited2 opinions
- Foster v. CommonwealthSupreme Court of Pennsylvania · 1844
- Piscataqua Bank v. Turnley, Pennsylvania Court of Common Pleas, Philadelphia County1836
3Cited by5 opinions
- Downs v. Mayor of BaltimoreCourt of Appeals of Maryland · 1910
- Public Operating Corp. v. WeingartAppellate Division of the Supreme Court of the State of New York · 1939
- Woohyung Shim v. Kikkoman International Corp.District Court, D. New Jersey · 1981
- Ford v. StateGeauga Circuit Court · 1908
- Westmont Tractor Co. v. Touche Ross & Co.District Court, D. Montana · 1986