Clifton v. Litchfield
Massachusetts Supreme Judicial Court
Contract to recover the balance of an account of $4538, for lumber sold and delivered to the defendant at various times from June 1866 to January 1868, on which there were credits for money paid by notes and in cash, to the amount of $3853. Trial in the superior court, before Brigham, C. J., who, after a verdict for the plaintiff for the amount claimed, allowed the following bill of exceptions: “ The terms of sale as to credit being in dispute, the plaintiff testified that…
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Contract to recover the balance of an account of $4538, for lumber sold and delivered to the defendant at various times from June 1866 to January 1868, on which there were credits for money paid by notes and in cash, to the amount of $3853. Trial in the superior court, before Brigham, C. J., who, after a verdict for the plaintiff for the amount claimed, allowed the following bill of exceptions: “ The terms of sale as to credit being in dispute, the plaintiff testified that he sold the lumber for cash on rendering of bills, and, to show that the prices charged for certain qualities of lumber…
1Opinion of the CourtWells, J.
1. The first exception is to the refusal of the
court below to allow an exception to the ruling upon an objection of the defendant to a question put to the plaintiff by his counsel. The refusal was placed upon the ground that the defendant’s counsel had not notified the court of his purpose to except until after the witness had answered the question.
We do not deem it necessary to decide the question thus raised, nor to determine how far such refusal is open to exception, and how far it is a matter of judicial discretion; because we are satisfied that the previous ruling, upon the defendant’s…
2Cited by12 opinions
- Zlotnick v. McNamaraMassachusetts Supreme Judicial Court · 1938
- Sandler v. GreenMassachusetts Supreme Judicial Court · 1934
- Sherman v. SidmanMassachusetts Supreme Judicial Court · 1938
- Corrigan v. PayneMassachusetts Supreme Judicial Court · 1942
- Prest v. ColeMassachusetts Supreme Judicial Court · 1903
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