Bliss v. Thompson
Massachusetts Supreme Judicial Court
This was an action of indebitatus assumpsit for money had and received. Upon the general issue being pleaded, the cause was tried at an adjourned session of the Court in December last, before Sedgwick J., and a verdict found for the plaintiffs, subject to the opinion of the Court on the evidence filed in the case, and reported by the judge, from which the following facts appear: — The plaintiffs, the defendant, William Ely, and certain other persons, were tenants in common…
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This was an action of indebitatus assumpsit for money had and received. Upon the general issue being pleaded, the cause was tried at an adjourned session of the Court in December last, before Sedgwick J., and a verdict found for the plaintiffs, subject to the opinion of the Court on the evidence filed in the case, and reported by the judge, from which the following facts appear: — The plaintiffs, the defendant, William Ely, and certain other persons, were tenants in common in fee, in different proportions, of a large tract of land in the state of Kentucky, purchased, by the agency of the said…
1Opinion of the Court
The opinion of the Court was afterwards delivered by
Parsons, C. J.
[After stating the facts from the evidence reported.] It appears that Ely, though objected to, was admitted as a witness, and that, agreeably to the direction of the judge, a verdict was found for the plaintiffs for the difference be-[*491] tween the money paid them by the defendant *for the release, and the money received by him of Gernon, to extinguish his warranty on the shares belonging to the plaintiffs.
The admission of Ely is now objected to as a sufficient cause for setting aside the verdict. Ely’s testimony was certainly…
2Cited by18 opinions
- Moore v. MandlebaumMichigan Supreme Court · 1860
- Raymond v. SimonsonIndiana Supreme Court · 1835
- Stout v. Caruthersville Hardware Co.Missouri Court of Appeals · 1908
- Boyd v. StoneMassachusetts Supreme Judicial Court · 1814
- Junkins v. SimpsonSupreme Judicial Court of Maine · 1837
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