Sylvester v. Smith
Massachusetts Supreme Judicial Court
This action was assumpsit for a quantity of saddle-trees. The defendant pleaded in abatement, that he never made the promise alleged, but jointly with one John Minot.
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This action was assumpsit for a quantity of saddle-trees. The defendant pleaded in abatement, that he never made the promise alleged, but jointly with one John Minot. Issue being joined on this plea, a trial was had, at the last October term in this county, before Thatcher, J., and a verdict taken by consent for the defendant, subject to the opinion of the Court upon the following statement of the evidence agreed by the parties, viz.: — On the 1st of August, 1807, the defendant being a merchant in business at Farmington, in this county, and the said Minot carrying on the trade of a saddler in…
1Opinion of the CourtParker, J.
In this action, which is indebitatus assumpsit for a number of saddle-trees, the defendant has pleaded in abatement that he never promised, except jointly with one John Minot, and issue was joined upon that plea. A verdict appears to have been taken by consent, and then the evidence is reported to the Court, and a motion for a new trial is made.
* Whether the ground of this motion is that the verdict is against law, or against evidence, does not appear. No objection was made to the admission or rejection of any evidence, or to any opinion of the judge at the trial; for, indeed, none seems to…
2Cited by6 opinions
- John T. Griffith & Co. v. Buffum & AinsworthSupreme Court of Vermont · 1850
- Goodrich v. LelandMichigan Supreme Court · 1869
- McIntyer v. HousemanAppellate Court of Illinois · 1901
- Brown v. Fresno Raisin Co.California Supreme Court · 1894
- Metcalf v. OfficerU.S. Circuit Court for the District of Iowa · 1879
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