Peaslee v. Ross
Massachusetts Supreme Judicial Court
Tobt for the conversion of a quantity of boots and shoes. The answer contained a general denial, and set up releases of the cause of action. The plaintiff filed a replication, alleging that the releases were obtained by duress; to which the defendant rejoined that, by reason of laches, the plaintiff could not avoid the releases for duress. At the trial in the Superior Court, before Mason, J., the plaintiff introduced in evidence an auditor’s report in Ms favor.
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Tobt for the conversion of a quantity of boots and shoes. The answer contained a general denial, and set up releases of the cause of action. The plaintiff filed a replication, alleging that the releases were obtained by duress; to which the defendant rejoined that, by reason of laches, the plaintiff could not avoid the releases for duress. At the trial in the Superior Court, before Mason, J., the plaintiff introduced in evidence an auditor’s report in Ms favor. The defendant offered no evidence; and the auditor’s report, and certain documentary evidence relating to the plaintiff’s insolvency,…
1Opinion of the CourtMorton, C. J.
We are of opinion that the Superior Court erred in taking the case from the jury and directing a verdict for the plaintiff. An auditor’s report is only prima fade evidence of the matters referred to and found by him, and it is well settled .that the effect of his general finding may be controlled by the particular facts and findings reported by him, if the jury think a different inference ought to be drawn from them. When he reports subordinate facts and evidence, the report must be submitted to the jury, who may render a verdict differing from the result arrived at by the auditor. Peru Co.…
2Cases cited4 opinions
- Peru Steel & Iron Co. v. Whipple File & Steel Manufacturing Co.Massachusetts Supreme Judicial Court · 1872
- Blackington v. JohnsonMassachusetts Supreme Judicial Court · 1878
- Emerson v. PatchMassachusetts Supreme Judicial Court · 1880
- Emerson v. PatchMassachusetts Supreme Judicial Court · 1878
3Cited by10 opinions
- Cook v. Farm Service Stores, Inc.Massachusetts Supreme Judicial Court · 1938
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
- Anderson v. Metropolitan Stock ExchangeMassachusetts Supreme Judicial Court · 1906
- Wheeler v. TarulloMassachusetts Supreme Judicial Court · 1921
- Savin v. BlockMassachusetts Supreme Judicial Court · 1937
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