Earnshaw v. Whittemore
Massachusetts Supreme Judicial Court
Contract by one claiming under an assignment from the Cumberland Glass Manufacturing Company, a corporation organized under the laws of the State of New Jersey, for the price of bottles sold by that corporation to the defendants under a contract in writing dated February 25, 1902, with an indorsement thereon dated July 15,1902. Writ dated May 20,1903. The defendants in their answer, not denying the amount of the plaintiff’s claim, alleged in recoupment a breach of contract…
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Contract by one claiming under an assignment from the Cumberland Glass Manufacturing Company, a corporation organized under the laws of the State of New Jersey, for the price of bottles sold by that corporation to the defendants under a contract in writing dated February 25, 1902, with an indorsement thereon dated July 15,1902. Writ dated May 20,1903. The defendants in their answer, not denying the amount of the plaintiff’s claim, alleged in recoupment a breach of contract by the plaintiff’s assignor from which the defendants had sustained damages to an amount greater than that claimed by the…
1Opinion of the CourtBraley, J.
It was agreed at the trial that the findings of ■ the auditor, whose report forms part of the bill of exceptions, should be final upon questions of fact. After reciting these findings he thereupon ruled and reported that the plaintiff had failed to prove his title to the claim in suit, but if this ruling was wrong, he further ruled, that the defendants under their answer in recoupment had suffered damages in a larger sum than the plaintiff claimed, and found in their favor. The rulings refused asked for a reversal of the report of the auditor, whose rulings the plaintiff contends cannot be…
2Cases cited20 opinions
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
- United States v. PeckSupreme Court of the United States · 1880
- Taylor v. FinniganMassachusetts Supreme Judicial Court · 1905
- England v. DearbornMassachusetts Supreme Judicial Court · 1886
- Thomas v. BarnesMassachusetts Supreme Judicial Court · 1892
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3Cited by36 opinions
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Hanson & Parker, Ltd. v. WittenbergMassachusetts Supreme Judicial Court · 1910
- Moskow v. BurkeMassachusetts Supreme Judicial Court · 1926
- Bernard Litman v. Massachusetts Mutual Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1984
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
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