Holbrook v. Burt
Massachusetts Supreme Judicial Court
Debt upon a bond, dated June 15th, 1835, given by the defendants to the plaintiffs, and assigned, in December, 1836, to Amos Davis, for whose benefit the action was brought.
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Debt upon a bond, dated June 15th, 1835, given by the defendants to the plaintiffs, and assigned, in December, 1836, to Amos Davis, for whose benefit the action was brought. The trial was before Shaw C. J. The defendants alleged that the bond was obtained from them by means of fraudulent representations ; and in support of this defence, they offered the testimony of Levi A. Dowley, by which it appeared, that on the 23d of May, 1835, the plaintiffs and Thomas Wentworth had an interview with the defendant Burt, Francis T. Merrick and the witness, relative to the sale of a township of land in…
1Opinion of the Court
Wilde J.
drew up the opinion of the Court. Several exceptions were taken to the decisions of the Chief Justice, who presided at the trial of this case, and to his instructions to the jury. These exceptions have been examined by the Court with the careful attention which the importance of the case required, and we are all of opinion that they cannot be sustained.
The first objection made at the trial was to the admission of oral testimony to prove representations made before the written contract. This objection, however, was not much urged at the argument. If the evidence had been offered to…
2Cited by1 opinion
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