Lyons v. Ward
Massachusetts Supreme Judicial Court
Contract upon an account annexed for goods sold and delivered. The answer was as follows: “ And now comes the defendant and denies each and every allegation in the plaintiff’s writ and declaration contained.
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Contract upon an account annexed for goods sold and delivered. The answer was as follows: “ And now comes the defendant and denies each and every allegation in the plaintiff’s writ and declaration contained. And the defendant further says that the goods sold by the plaintiff, and for which he seeks to recover in this action, were spirituous and intoxicating liquors sold by him to this defendant within the Commonwealth of Massachusetts, and in violation of the laws of said Commonwealth, without consideration, and against law and equity and good conscience, and the plaintiff is not entitled to…
1Opinion of the CourtGray, C. J.
The denial, at the beginning of the answer, of each and every allegation in the declaration, put in issue all the facts necessary to be proved by the plaintiff to make out a primé facie case. Davis v. Travis, 98 Mass. 222. The plaintiff, for evidence in support of that issue, relied on the statements in subsequent clauses of the answer, setting up distinct defences; and cited Jackson v. Stetson, 15 Mass. 48, as establishing the rule that, when two pleas were pleaded, admissions in the one might be given in evidence on the trial of the other. But since that decision it has been enacted by the…
2Cases cited2 opinions
- Jackson v. StetsonMassachusetts Supreme Judicial Court · 1818
- Davis v. TravisMassachusetts Supreme Judicial Court · 1867
3Cited by7 opinions
- Herman v. FineMassachusetts Supreme Judicial Court · 1943
- Manners v. City of HaverhillMassachusetts Supreme Judicial Court · 1883
- Wolff v. PerkinsMassachusetts Supreme Judicial Court · 1925
- Blackington v. JohnsonMassachusetts Supreme Judicial Court · 1878
- Day v. CrosbyMassachusetts Supreme Judicial Court · 1899
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