Davenport v. Mason
Massachusetts Supreme Judicial Court
Assumpsit on the usual money counts. The defendant pleaded the general issue, and the statute of limitations. At the trial before Putnam, J., November term, 1816, the plaintiff stated that the defendant and others associated with him, before the year 1805, for the purchase of several parcels of land in Cambridgeport, which were to be held by some in trust for all of them ; that each agreed to pay his proportion of the price, and was to have his share of the benefit, the…
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Assumpsit on the usual money counts. The defendant pleaded the general issue, and the statute of limitations. At the trial before Putnam, J., November term, 1816, the plaintiff stated that the defendant and others associated with him, before the year 1805, for the purchase of several parcels of land in Cambridgeport, which were to be held by some in trust for all of them ; that each agreed to pay his proportion of the price, and was to have his share of the benefit, the whole property being divided into a hundred shares, and being called “ the one hundred share estate ; ” that the defendant…
1Opinion of the CourtWilde, J.
We have had considerable difficulty in this case, and, finally, have not all of us been able to agree in opinion. The facts are so complicated, and the agreements and intentions of the parties have been, in some respects, so indistinctly disclosed, that it is not surprising there should have been some hesitation amongst us. A majority of the Court, however, have agreed in the opinion, which I will now state, with our reasons.
* In the argument of the cause, three objections were made by the counsel for the defendant.
1. That the paroi evidence in the case ought not to have been admitted,…
2Cases cited2 opinions
- Andover & Medford Turnpike Corp. v. GouldMassachusetts Supreme Judicial Court · 1809
- Clark v. HerringSupreme Court of Pennsylvania · 1812
3Cited by51 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Wilkinson v. ScottMassachusetts Supreme Judicial Court · 1821
- Stramler v. CoeTexas Supreme Court · 1855
- Gallagher v. GallagherWest Virginia Supreme Court · 1888
- Wetherbee v. PotterMassachusetts Supreme Judicial Court · 1868
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