Hillyer v. Dickinson
Massachusetts Supreme Judicial Court
Contract, brought by Drayton Hillyer, Henry C. Dwight, and William C. Skinner, doing business as Dwight, Skinner, and Company, upon a promissory note for $32,150.46, dated March 26, 1889, payable to the order of that firm and signed by the defendants, Mary W. Dickinson and George Stuart Dickinson.
Read the full summary
Contract, brought by Drayton Hillyer, Henry C. Dwight, and William C. Skinner, doing business as Dwight, Skinner, and Company, upon a promissory note for $32,150.46, dated March 26, 1889, payable to the order of that firm and signed by the defendants, Mary W. Dickinson and George Stuart Dickinson. At the trial in the Superior Court, before Aldrich, J., the defences relied on were, (1) that the defendants were induced to give the note by the fraudulent representations of the plaintiffs that the indebtedness of Samuel F. Dickinson, the son and brother of the defendants respectively, who was in…
1Opinion of the CourtAllen, J.
The view no longer prevails that a party who has the burden of proof can retain a verdict in his favor by pointing to a mere scintilla of evidence, when, on an examinar *504tian of the whole case, the court can find no substantial evidence to support it. It is not necessary, perhaps not possible, to lay down a precise formula of general application by which to determine whether the evidence in particular cases is sufficient or not. Where there is evidence proper to be weighed, the jury is the proper tribunal to weigh it, subject nevertheless to the power in the court to set the verdict aside as…
2Cases cited10 opinions
- Markey v. Mutual Benefit Life InsuranceMassachusetts Supreme Judicial Court · 1869
- Lawless v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1883
- Brooks v. Inhabitants of SomervilleMassachusetts Supreme Judicial Court · 1871
- Brightman v. EddyMassachusetts Supreme Judicial Court · 1867
- Smith v. CollinsMassachusetts Supreme Judicial Court · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Bartley v. PhillipsMassachusetts Supreme Judicial Court · 1944
- Carey v. New England Organ BankMassachusetts Supreme Judicial Court · 2006
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- Escallier v. Great Northern Ry. Co.Montana Supreme Court · 1912
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
32 more not listed; retrieve them via the Exa API.