Jones v. Smith
Massachusetts Supreme Judicial Court
Writ oe entry to foreclose a mortgage, given by the tenant to secure the performance of a contract by herself and her husband to support and furnish suitable clothes to the demandant. Plea nul disseisin. At the trial in the Superior Court, before Wilkinson, J., the demandant testified that he made a request of the tenant for clothing, and that she referred him to her husband.
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Writ oe entry to foreclose a mortgage, given by the tenant to secure the performance of a contract by herself and her husband to support and furnish suitable clothes to the demandant. Plea nul disseisin. At the trial in the Superior Court, before Wilkinson, J., the demandant testified that he made a request of the tenant for clothing, and that she referred him to her husband. He then offered in evidence a copy of a letter, containing a request for clothing, addressed to the husband of the tenant, the original of which he said he posted, addressed to the husband at Springfield. It was already…
1Opinion of the Court
By the Court.
It may be doubted whether the objection made in argument to the copy of the letter, for want of proper foundation being laid for the admission of secondary evidence, is open on the bill of exceptions. But, assuming it to be open, there was some evidence that the husband was the agent of the tenant, his wife, and there is nothing in the exceptions to show that the judge did not admit the- copy on that ground, or that he made any error of law in admitting it.
The amount of the income of the demandant was immate- , o nal upon the question whether the tenant had performed her *17contract…
2Cited by5 opinions
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- Hartnett v. GoddardMassachusetts Supreme Judicial Court · 1900