Brooks v. Duggan
Massachusetts Supreme Judicial Court
Replevin of two horses, a wagon, and other personal property. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, which so far as material was as follows.
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Replevin of two horses, a wagon, and other personal property. Trial in the Superior Court, before Hammond, J., who allowed a bill of exceptions, which so far as material was as follows. The plaintiff testified, in substance, that in June, 1884, one of the horses was bought for her by her father, Russell T. French, with money he owed her previous to her marriage; that the other horse was bought by her father in December, 1884, and was given to her by him ; and that the wagon was purchased for her in June, 1884, by her father, with her money. On cross-examination, she testified that the wagon…
1Opinion of the CourtField, J.
It may be conceded that the receipts and the bills of sale were not competent evidence of the payments of money, or of the purchases of the horse and of the wagon, because they were not signed by the defendant, but by persons who are not parties to the suit. Commonwealth v. Cannon, 97 Mass. 337. Lyon v. Manning, 133 Mass. 439. McAvoy v. Wright, 137 Mass. 207.
There was, however, independent evidence that the horse and the wagon described in the bills of sale had been purchased, and that the sums of money described in the receipts had been paid. There was evidence that each of the receipts was…
2Cases cited3 opinions
- McAvoy v. WrightMassachusetts Supreme Judicial Court · 1884
- Lyon v. ManningMassachusetts Supreme Judicial Court · 1882
- Commonwealth v. CannonMassachusetts Supreme Judicial Court · 1867
3Cited by4 opinions
- Silverstein v. O'BrienMassachusetts Supreme Judicial Court · 1896
- Shachoy v. Chevrolet Motor Co.Massachusetts Supreme Judicial Court · 1932
- Riley v. TolmanMassachusetts Supreme Judicial Court · 1902
- Kreeger v. MargoliesMassachusetts Supreme Judicial Court · 1917