American Malting Co. v. Souther Brewing Co.
Massachusetts Supreme Judicial Court
Contract by the American Malting Company, a corporation organized under the laws of the State of New Jersey and having its usual place of business in the city and State of New York, against the Souther Brewing Company, a corporation organized under the laws of the State of West Virginia and having its usual place of business in Boston, for the price of various cargoes of malt sold and delivered by the plaintiff to the defendant between October 28, 1898, and January 15, 1900.…
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Contract by the American Malting Company, a corporation organized under the laws of the State of New Jersey and having its usual place of business in the city and State of New York, against the Souther Brewing Company, a corporation organized under the laws of the State of West Virginia and having its usual place of business in Boston, for the price of various cargoes of malt sold and delivered by the plaintiff to the defendant between October 28, 1898, and January 15, 1900. Writ dated January 26, 1900. In the Superior Court the case was heard by Fox, J., without a jury, upon an auditor’s…
1Opinion of the CourtBraley, J.
The ease having been tried before the judge, without a jury, the findings of fact are not open to review, but must be treated as conclusive if there is any evidence to support them. White Sewing Machine Co. v. Phenix Nerve Beverage Co. 188 Mass. 407, 409, and cases cited.
Unless certain promissory notes made by the partnership to the order of the plaintiff are to be credited as a partial payment the entire amount for which suit has been brought is due. It has been settled law in this jurisdiction for more than a century, that where a debtor delivers to his creditor either his own or the…
2Cases cited28 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Andrews v. PondSupreme Court of the United States · 1839
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Corbin v. CommonwealthCourt of Appeals of Kentucky · 1859
23 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Barrie v. QuinbyMassachusetts Supreme Judicial Court · 1910
- Commonwealth v. CrapoMassachusetts Supreme Judicial Court · 1912
- Perry v. PyeMassachusetts Supreme Judicial Court · 1913
- Smith v. Vose & Sons Piano Co.Massachusetts Supreme Judicial Court · 1907
47 more not listed; retrieve them via the Exa API.