Field v. Thompson
Massachusetts Supreme Judicial Court
Contract on an account annexed to recover $169.85, the price of certain articles furnished for the burial of. the wife :!>f one Drinkwater, who was the sister of the defendant’s wife. At the. trial in the Superior Court, before Pitman, J., without a jury, the only issue was upon whose order and credit the articles were delivered.
Read the full summary
Contract on an account annexed to recover $169.85, the price of certain articles furnished for the burial of. the wife :!>f one Drinkwater, who was the sister of the defendant’s wife. At the. trial in the Superior Court, before Pitman, J., without a jury, the only issue was upon whose order and credit the articles were delivered. The plaintiff offered evidence tending to show that the defendant, Drinkwater being present, verbally ordered the articles, and directed the plaintiff to charge them to him ; that they were subsequently delivered at the house where both the defendant and Drinkwater…
1Opinion of the CourtGray, C. J.
The bill of exceptions shows that the delivery of the articles in question was not disputed, and that the only real issue in the case was upon whose order and credit they were delivered. The entries in the plaintiff’s book of account were not admissible on that issue; they were not in the nature of a certificate required by law or usage, but were mere private memoranda ; and the first ruling, excluding the book, was correct, Somers v. Wright, 114 Mass. 171.
*153The entries might doubtless be shown to the witness to aid Eiis recollection; and if they did not appear to have been admitted for any…
2Cases cited4 opinions
- Cobb v. City of BostonMassachusetts Supreme Judicial Court · 1872
- Bentley v. WardMassachusetts Supreme Judicial Court · 1874
- Somers v. WrightMassachusetts Supreme Judicial Court · 1873
- Prew v. DonahueMassachusetts Supreme Judicial Court · 1875
3Cited by14 opinions
- Bates v. PrebleSupreme Court of the United States · 1894
- Commonwealth v. JeffsMassachusetts Supreme Judicial Court · 1882
- Friendly v. LeeOregon Supreme Court · 1890
- Pettey v. BenoitMassachusetts Supreme Judicial Court · 1906
- Kaiser v. AlexanderMassachusetts Supreme Judicial Court · 1887
9 more not listed; retrieve them via the Exa API.