Legal Opinion

Alexander v. Kaiser

Massachusetts Supreme Judicial Court

Decided May 14, 1889PublishedCited by 7 opinions

Contract for goods sold and delivered. After the former decision, reported 144 Mass. 71, the case was again tried in the Superior Court, before Mason, J., who, after a verdict for the plaintiffs, allowed a bill of exceptions, which, so far as material, appears in the opinion.

1Opinion of the CourtMorton, C. J.

Under the former decision in this case, the Superior Court rightly admitted the books of the plaintiffs, supported by the suppletory oath of the person who made the entries, as evidence of the sale and delivery of the goods sued for. Kaiser v. Alexander, 144 Mass. 71. The defendant contends that the books were allowed to be used for an unlawful purpose; but upon this point the bill of exceptions is not clear, and we need not consider it, as there is another ground upon which a new tidal must be granted.

Upon the cross-examination of the defendant, he was shown a note signed by Frost and…

2Cases cited3 opinions

  1. Eames v. WhittakerMassachusetts Supreme Judicial Court · 1877
  2. Shurtleff v. ParkerMassachusetts Supreme Judicial Court · 1881
  3. Kaiser v. AlexanderMassachusetts Supreme Judicial Court · 1887

3Cited by7 opinions

  1. Commonwealth v. FarrellMassachusetts Supreme Judicial Court · 1948
  2. Leone v. DoranMassachusetts Supreme Judicial Court · 1973
  3. Carr v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
  4. Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
  5. Lord & Spencer, Inc. v. M. N. Stout Co.Court of Appeals for the First Circuit · 1929

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