Marschall v. Aiken
Massachusetts Supreme Judicial Court
Contract, upon an account annexed, against the executors of the will of L. C. Durkee, for goods alleged to have been sold and delivered, in May, 1894, to the firm of L. C. Durkee and Company.
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Contract, upon an account annexed, against the executors of the will of L. C. Durkee, for goods alleged to have been sold and delivered, in May, 1894, to the firm of L. C. Durkee and Company. Trial in the Superior Court, without a jury, before Hardy, J., who allowed a bill of exceptions, in substance as follows.» The items of the bill of particulars, and the sale and the delivery of the goods to J. C. Murray, assuming to do business as L. C. Durkee and Company, were not in dispute. The following facts were in evidence. L. C. Durkee, the defendants’ testate, was the owner of a one and a half…
1Opinion of the CourtBarker, J.
The action was tried without a jury, and the exceptions are to refusals to rule in accordance with requests refused, either because the presiding justice found that they did not apply to the facts in the case, or because he did not find the facts to be as assumed in the requests. In strictness, this alone would require us to overrule the exceptions, as the question is not raised whether, as matter of law, upon the evidence, facts to which the rulings requested would be applicable, or the facts assumed in the requests should have been found. Upon such requests and exceptions to the refusals to…
2Cases cited2 opinions
- Butrick v. TiltonMassachusetts Supreme Judicial Court · 1892
- Pratt v. Inhabitants of AmherstMassachusetts Supreme Judicial Court · 1885
3Cited by1 opinion
- Cameron v. BuckleyMassachusetts Supreme Judicial Court · 1938