Fiske v. Steele
Massachusetts Supreme Judicial Court
Contract upon a judgment. Trial in the Superior Court, without a jury, before Barker, J., who found for the plaintiff. The defendant alleged exceptions, which, so far as material to the point decided, appear in the opinion.
1Opinion of the CourtDevens, J.
The plaintiff sued upon a judgment founded on a promissory note and an account annexed, which was recovered on December 8, 1872. The defendant filed a declaration in set-off on an account annexed, certain items of which accrued previous to October 8, 1872, which was the date of the writ in the original action. The defendant offered to prove these items, but the court “ ruled that any items accruing before the 8th day of October, 1872, and which might have been pleaded in set-off in the original action, could not be uged> in set-off in this action.” While from the date of these items it is…
2Cases cited1 opinion
- Hunt v. BrownMassachusetts Supreme Judicial Court · 1888
3Cited by17 opinions
- Perry v. PyeMassachusetts Supreme Judicial Court · 1913
- Gilmore v. WilliamsMassachusetts Supreme Judicial Court · 1894
- Jump v. LeonMassachusetts Supreme Judicial Court · 1906
- Riley v. HaleMassachusetts Supreme Judicial Court · 1893
- Bailey v. Great Western Oil Co.New Mexico Supreme Court · 1927
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