Storer v. Gowen
Supreme Judicial Court of Maine
Exceptions from the Western District Court, Whitman J. presiding. Assumpsit for money had and received. The plaintiff claimed to recover the sum of $70, alleged to harm been enclosed in a letter, June 25, 1837, and delivered by him to the defendant, to be carried to Somersworth, and there to be left with a Capt. Varney, or his wife, for Kelsey 8f Rundlet, of Portsmouth, but by the defendant converted to his own use.
Read the full summary
Exceptions from the Western District Court, Whitman J. presiding. Assumpsit for money had and received. The plaintiff claimed to recover the sum of $70, alleged to harm been enclosed in a letter, June 25, 1837, and delivered by him to the defendant, to be carried to Somersworth, and there to be left with a Capt. Varney, or his wife, for Kelsey 8f Rundlet, of Portsmouth, but by the defendant converted to his own use. Varney, it was proved, was master of a packet plying between South Berwick and Portsmouth, and in the habit of carrying packages and letters. Varney and his wife, and the only…
1Opinion of the Court
The opinion of the Court was drawn up by
Weston C. J.
It is' a principle well settled, that the. admission's of a party, when given in evidence, müst be taken together, as well what makes* in his favor as against him. Both are equally *177evidence to the jury, who will give to every part of the testimony such credence, as it may appear to deserve. The presiding Judge erred in instructing the jury, that the admissions of the defendant were good evidence against him, but that what he said at the same time in his favor, was not evidence, unless supported by other proof.
It is not alleged, nor did it…
2Cases cited1 opinion
- Tracy v. WoodU.S. Circuit Court for the District of Rhode Island · 1822
3Cited by6 opinions
- Jacobs v. NelsonNorth Dakota Supreme Court · 1936
- Mark v. . Hudson River Bridge Co.New York Court of Appeals · 1886
- Hewlett v. SchadelCourt of Appeals for the Fourth Circuit · 1934
- State v. RyderSupreme Judicial Court of Maine · 1975
- State v. JohnsonSupreme Judicial Court of Maine · 1984
1 more not listed; retrieve them via the Exa API.