Campbell v. Whoriskey
Massachusetts Supreme Judicial Court
Contract to recover money deposited with the defendant. Trial in the Superior Court, before Hopkins, J., who directed the jury to return a verdict for the plaintiff for the amount claimed, with interest from the date of demand; and the defendant alleged exceptions, the nature of which appears in the opinion.
1Opinion of the CourtKnowlton, J.
The questions in this case arise under the statute of limitations. The only evidence at the trial was the plaintiff’s testimony, and the defendant’s only request was for a ruling that the plaintiff could not recover. This was refused, and the jury were instructed that her case was proved, and were *64directed to return a verdict in her favor. Exceptions were taken to the ruling, as well as to the refusal to rule. In its broadest scope, the exception to the ruling would seem to raise the question whether the judge could direct a verdict for the plaintiff upon her oral testimony, inasmuch as he…
2Cases cited9 opinions
- Palmer v. PalmerMichigan Supreme Court · 1877
- High v. Board of CommissionersIndiana Supreme Court · 1884
- Atchison, Topeka & Santa Fé Railroad v. Burlingame TownshipSupreme Court of Kansas · 1887
- Jameson v. JamesonSupreme Court of Missouri · 1880
- Shaw v. SillowayMassachusetts Supreme Judicial Court · 1888
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3Cited by64 opinions
- Kneeland v. EmertonMassachusetts Supreme Judicial Court · 1932
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Barclay v. DeVeauMassachusetts Supreme Judicial Court · 1981
- Barber v. FoxMassachusetts Appeals Court · 1994
- Stuck v. SchummMassachusetts Supreme Judicial Court · 1935
59 more not listed; retrieve them via the Exa API.