Harrington v. Weselowski
Massachusetts Supreme Judicial Court
Contract for a balance of the price of spirituous liquors sold and delivered to the defendant by the plaintiff, doing business under the name of Boyden & Company.
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Contract for a balance of the price of spirituous liquors sold and delivered to the defendant by the plaintiff, doing business under the name of Boyden & Company. The defendant, in his answer, alleged that on the request and direction of the plaintiff he paid to the United States through William H. McCartney, collector of internal revenue for the third collection district of Massachusetts, $2699.20, “ which the plaintiff consented and agreed should be in full satisfaction of any balance claimed to be due from the defendant.” Trial and verdict for the plaintiff, in the superior court, before…
1Opinion of the CourtMorton, J.
At the trial of this case, the principal question was, whether the sum of $2699.20, paid by the defendant to McCartney, the collector of internal revenue, was so paid by the plaintiff’s request, and also whether it was received by *187McCartney as a payment of taxes due by the plaintiff to the United States. The defendant called McCartney as a witness, who testified that he received it in payment of taxes due by the plaintiff. He also testified, on the direct examination, that the money had not been paid over to the government; and, to explain this fact, stated that he had been summoned as…
2Cited by1 opinion
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