Boyden v. Moore
Massachusetts Supreme Judicial Court
Assumpsit on two promissory notes signed by the defendant’s intestate, one dated October 11th, 1802, for 58 dollars, 50 cents, payáble to the plaintiff, the other dated December 8th, 1802, for 288 dollars, 34 cents, payable to Jonathan Melvin, and endorsed to the plaintiff, both notes being on interest.
1Opinion of the Court
The action stood over to this- term for advisement, and now the opinion of the Court was delivered by
Parsons, C. J.
As to the first ground stated in the plaintiff’s motion, we are satisfied that a new trial ought not to be granted. *287As the cause had been before committed to another jury, the plaintiff Was, or ought to have been, apprized of all the points set up in the defence; and if he was not prepared at the last trial to meet them, he ought not to complain of being surprised. And further, the witnesses he now would produce would testify only to allegations he attempted to prove at the…
2Cited by28 opinions
- Allen v. Merchant's BankCourt for the Trial of Impeachments and Correction of Errors · 1839
- Kraas v. American Bakeries Co.Supreme Court of Alabama · 1935
- Hamlen v. Rednalloh Co.Massachusetts Supreme Judicial Court · 1935
- Bell v. Riggs Et Ux.Supreme Court of Oklahoma · 1912
- Clark v. MasonCourt of Appeals of Kentucky (pre-1976) · 1934
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