Richards v. Applet
Massachusetts Supreme Judicial Court
Contract on a promissory note for $1,600, payable on December 12, 1902, with interest at the rate of five per cent per annum. Writ in the Supreme Judicial Court dated July-20, 1903. The case was tried before Hammond, J., without a jury, on April 26, 1904. On May 5, 1904, the justice filed his findings and a “ memorandum of basis of finding.”
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Contract on a promissory note for $1,600, payable on December 12, 1902, with interest at the rate of five per cent per annum. Writ in the Supreme Judicial Court dated July-20, 1903. The case was tried before Hammond, J., without a jury, on April 26, 1904. On May 5, 1904, the justice filed his findings and a “ memorandum of basis of finding.” He found for. the plaintiff, and assessed damages in the sum of 11,750.55. On May 7, 1904, the defendant filed a motion for a new trial. On May 25, 1904, the defendant filed a bill of exceptions. On June 7, 1904, at a hearing to settle the bill of…
1Opinion of the CourtKnowlton, C. J.
It appeal’s in the record that the plaintiff objected to the allowing of this bill of exceptions on the ground that no exception was taken. The certificate of the justice is, “Exceptions allowed so far as I have the right to allow them.” This presents the question whether an exception was taken in such a form as to entitle the defendant to an allowance of it.
The only question of law which the defendant seeks to present is whether the evidence warranted the finding of the presiding justice. There was no request for a ruling on this subject, nor any exception alleged or taken previously to the…
2Cases cited3 opinions
- Spooner v. CummingsMassachusetts Supreme Judicial Court · 1890
- In re KeohaneMassachusetts Supreme Judicial Court · 1901
- Way v. SperryMassachusetts Supreme Judicial Court · 1850
3Cited by22 opinions
- Reid v. DohertyMassachusetts Supreme Judicial Court · 1930
- Baker v. DavisMassachusetts Supreme Judicial Court · 1938
- Stowell v. H. P. Hood & Sons, Inc.Massachusetts Supreme Judicial Court · 1934
- Sreda v. KesselMassachusetts Supreme Judicial Court · 1942
- Looby v. LoobyMassachusetts Supreme Judicial Court · 1939
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