Smith v. Hubbs Administrator of Hubbs
Supreme Judicial Court of Maine
Assumpsit, on account annexed to the writ for goods sold and delivered. They were delivered to one Silas M. Weymouth ; and the plaintiffs contended, and stated in the opening of the cause to the jury, that they were delivered to Weymouth on the credit of the defendant’s intestate, and his promise to pay for them. This was denied by the defendant. The plaintiff then called Oliver II.
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Assumpsit, on account annexed to the writ for goods sold and delivered. They were delivered to one Silas M. Weymouth ; and the plaintiffs contended, and stated in the opening of the cause to the jury, that they were delivered to Weymouth on the credit of the defendant’s intestate, and his promise to pay for them. This was denied by the defendant. The plaintiff then called Oliver II. Dorrance as a witness, who testified, that on the 21st Sept. 1829, the intestate, who was a seafaring man, and Weymouth, came to his store and applied for goods to be delivered to Weymouth; — that he let Weymouth…
1Opinion of the Court
The opinion of the Court was at a subsequent term delivered by
Mjsluen C.
motion for a new trial, predicated on the report of the pro,siding Judge, has been placed, in the argument, by the counsel for the plaintiffs, on two grounds — viz. :
1. That by law it was not competent for the defendant to set up the defence which he was permitted to make : —•
2. That Weymouth, in support of the defence, was an inadmissible witness. The counsel contended that both objections were well founded, because the intestate and Weymouth were both parties to the fraudulent arrangement to which Weymouth testified.…
2Cases cited4 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Bayley v. TaberMassachusetts Supreme Judicial Court · 1809
- Hill v. PaysonMassachusetts Supreme Judicial Court · 1801
- Loker v. HaynesMassachusetts Supreme Judicial Court · 1814
3Cited by7 opinions
- Bishop v. American Preservers' Co.Illinois Supreme Court · 1895
- Kirkpatrick v. ClarkIllinois Supreme Court · 1890
- Hope v. Linden Park Blood Horse Ass'nSupreme Court of New Jersey · 1896
- Riedle v. MulhausenAppellate Court of Illinois · 1886
- Bryant v. WilcoxMichigan Supreme Court · 1904
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