Legal Opinion

Andrews v. Herring

Massachusetts Supreme Judicial Court

Decided March 15, 1809PublishedCited by 3 opinions

Assumpsit on the sale and delivery of a hogshead of sugar. The action was tried on the general issue before the Chief Justice at the last November term, and a verdict having been found for the defendant, the plaintiff moved for a new trial, on the ground that the verdict was against evidence.

1Opinion of the Court

The opinion of the Court was delivered by

Parsons, C. J.

Upon considering the evidence and arguments in this case, we are satisfied that the facts laid before the jury are much too imperfect to enable us to form a correct opinion on the merits of the cause.

The defendant ought to have proved a bond fide assignment of the note for a valuable consideration, especially when there is. reason, from the plaintiff’s examination which the defendant produced in evidence, to suspect fraud in the transaction.

The plaintiff, if in fact he has satisfied the judgment, as he now alleges, should have given some…

2Cited by3 opinions

  1. Groves v. BrownMassachusetts Supreme Judicial Court · 1814
  2. Wentworth v. WeymouthSupreme Judicial Court of Maine · 1834
  3. Whetmore v. MurdockU.S. Circuit Court for the District of Massachusetts · 1847

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