Charlton v. Donnell
Massachusetts Supreme Judicial Court
Contract against an inhabitant of Attleborough, for a balance due on an account annexed, containing twenty items for whiskey, rum, ale and gin, sold to him by the plaintiff at various dates from June 1865 to August 1866, in quantities varying from two gallons to a barrel.
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Contract against an inhabitant of Attleborough, for a balance due on an account annexed, containing twenty items for whiskey, rum, ale and gin, sold to him by the plaintiff at various dates from June 1865 to August 1866, in quantities varying from two gallons to a barrel. Writ dated June 24,1867. In the superior court, the case was referred to an auditor, whu found that the defendant was a wholesale dealer in intoxicating liquors in Rhode Island; and that the sales charged in the account were all made at Providence in that state, and the liquors sold were sent from Providence to Attleborough…
1Opinion of the CourtHoar, J.
The parties agreed in the superior court that the auditor’s report should be taken as a statement of facts, from which the court might draw such inferences and conclusions as the jury might draw from the evidence. No appeal lies to this court from the finding of the superior court which is based upon any inference of fact drawn from the evidence. Nor can we revise the decision of the court below, because it appears to be against the weight of evidence in any matter of fact.
The only question before us upon this appeal is, therefore, whether the evidence reported by the auditor has any tendency…
2Cases cited1 opinion
- Brown v. WebberMassachusetts Supreme Judicial Court · 1850
3Cited by5 opinions
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