Hodgkins v. Chappell
Massachusetts Supreme Judicial Court
Contract upon an account annexed for goods sold and delivered. Answer, a general denial. Trial in the Superior Court, before Gardner, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered evidence tending to show that, on February 17,1872, he met, in Boston, one Storer, one of the defendants, who are partners doing business in the city of New York, and told him that he had in Rockport thirty boxes of codfish which were frozen up when new, which…
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Contract upon an account annexed for goods sold and delivered. Answer, a general denial. Trial in the Superior Court, before Gardner, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered evidence tending to show that, on February 17,1872, he met, in Boston, one Storer, one of the defendants, who are partners doing business in the city of New York, and told him that he had in Rockport thirty boxes of codfish which were frozen up when new, which he wished to sell; that, in reply to Storer’s question how they looked, he said, “ Pretty good,” and that he would sell…
1Opinion of the CourtLord, J.
It is entirely obvious that the real question in controversy in this case was the comparative credibility of the plaintiff and of the defendant Storer, and this fact made it the more important that the independent testimony sustaining the view of one side or the other should be carefully scrutinized and kept within strictly legal limits. We are unable to see that in this respect there was any error.
1. The first point made by the defendants is that the letter from Storer to Chappell should have been admitted in evidence, and their claim is, that it should have been regarded either as part of…
2Cited by6 opinions
- Bemis v. TempleMassachusetts Supreme Judicial Court · 1894
- Shea v. Glendale Elastic Fabrics Co.Massachusetts Supreme Judicial Court · 1894
- Baker v. HarringtonMassachusetts Supreme Judicial Court · 1907
- S. J. Van Lill Co. v. Frederick City Packing Co.Court of Appeals of Maryland · 1928
- Black v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
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