Hanford v. Codman

This is an action of contract, brought by the plaintiff as trustee in bankruptcy of J. Murray Quinby, Inc. (hereinafter referred to as Quinby, Inc.), to recover for an alleged preference. The case was heard by a judge of the Superior' Court and a jury. After the plaintiff’s counsel had stated in his opening the facts which he intended to prove, the presiding judge, on the defendants’ motion and subject to the plaintiff’s exception, directed the jury to return a verdict for the defendants. The question presented is whether upon the record this direction was error.

The facts that the plaintiff’s…