Legal Opinion

Hayes v. Kelley

Massachusetts Supreme Judicial Court

Decided November 16, 1874PublishedCited by 9 opinions

Contract on an account annexed, for lime, sand and hair furnished the defendant. At the trial in the Superior Court., before Brigham, C. J., the plaintiff’s counsel offered the report of an auditor in evidence. The defendant objected to the reading of the report to the jury; but the judge overruled the objection and permitted it to be read to the jury, to which the defendant excepted.

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Contract on an account annexed, for lime, sand and hair furnished the defendant. At the trial in the Superior Court., before Brigham, C. J., the plaintiff’s counsel offered the report of an auditor in evidence. The defendant objected to the reading of the report to the jury; but the judge overruled the objection and permitted it to be read to the jury, to which the defendant excepted. The defendant, who was called by the plaintiff as a witness, testified that he told the plaintiff that the bills which had been rendered to him were" incorrect, and that he had handed some of them back to the…

1Opinion of the CourtGray, C. J.

The defendant not having offered the auditor’s report in evidence, but having objected and excepted to its admission when offered by the plaintiff, it was within the discretion of the presiding judge to allow the plaintiff to withdraw it from the consideration of the jury. Eldridge v. Hawley, 115 Mass. 410. The auditor’s report being withdrawn, and the plaintiff’s books of account not having been introduced, the instructions requested by the defendant were immaterial. The evidence as to the defendant’s conduct in regard to the bills rendered to him by the plaintiff was submitted to the jury…

2Cases cited1 opinion

  1. Eldridge v. HawleyMassachusetts Supreme Judicial Court · 1874

3Cited by9 opinions

  1. Warner v. FullerMassachusetts Supreme Judicial Court · 1923
  2. Sturtevant v. WallackMassachusetts Supreme Judicial Court · 1886
  3. Morris v. NortonCourt of Appeals for the Sixth Circuit · 1896
  4. Milliken v. WarwickMassachusetts Supreme Judicial Court · 1940
  5. Proctor v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1891

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