Spencer v. Williams
Massachusetts Supreme Judicial Court
Contract, against the administrator of the estate of Polly Crosby, upon a promissory note for $2,500, payable to the plaintiff, and signed “ P. Crosby.” The answer, among other defences, denied the genuineness of the signature to the note. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows.
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Contract, against the administrator of the estate of Polly Crosby, upon a promissory note for $2,500, payable to the plaintiff, and signed “ P. Crosby.” The answer, among other defences, denied the genuineness of the signature to the note. Trial in the Superior Court, before Hopkins, J., who allowed a bill of exceptions, in substance as follows. At the' close of the trial, the judge of his own motion submitted to the jury the following question : “ Did Polly Crosby sign the note set out in the plaintiff’s declaration ? ” The case was given to the jury in the afternoon, and, before the jury…
1Opinion of the CourtBarker, J.
The plaintiff contends that upon a jury trial the presiding justice has no power to receive the answer of the jury to a question which he has required them to answer in connection with their verdict, if the jury has been allowed to separate without reducing to writing their answer to the question. One of the most important reasons for requiring juries to remain together after the cause is finally committed to them until they have agreed upon their verdict is, that they may reach their conclusions only upon the law and the evidence given them, uninfluenced by other matters. Distinct questions…
2Cases cited1 opinion
- Mason v. MassaMassachusetts Supreme Judicial Court · 1877
3Cited by8 opinions
- Produce Exchange Trust Co. v. BieberbachMassachusetts Supreme Judicial Court · 1900
- Charles v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1918
- Whitney v. CommonwealthMassachusetts Supreme Judicial Court · 1906
- Commonwealth v. Della PortaMassachusetts Supreme Judicial Court · 1949
- Hary v. SpeerMissouri Court of Appeals · 1906
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