Walker v. Moors
Massachusetts Supreme Judicial Court
Contract upon an account annexed for goods sold and delivered. At the trial in the Superior Court, before Grardner, J., the jury returned a verdict for the plaintiffs, and the defendant tendered a bill of exceptions, the material parts of which were as follows: The defendant offered evidence tending to show that he did not order the goods, but that the contract was made by George W. Meserve with the plaintiffs, who did business in Boston.
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Contract upon an account annexed for goods sold and delivered. At the trial in the Superior Court, before Grardner, J., the jury returned a verdict for the plaintiffs, and the defendant tendered a bill of exceptions, the material parts of which were as follows: The defendant offered evidence tending to show that he did not order the goods, but that the contract was made by George W. Meserve with the plaintiffs, who did business in Boston. The plaintiffs contended that Meserve was of such pecuniary credit at the time of the sale that they would not have sold the goods to him, and, for the…
1Opinion of the CourtGray, C. J.
The court, upon consideration of the question presented by the judge’s certificate upon the bill of exceptions, is of opinion that the object of the provision of the Gen. Sts. c. 115, § 7, which requires the party alleging exceptions to file them with the clerk, give notice thereof to the adverse party, and present them to the judge, within the time ascertained or allowed as prescribed by the statute, is to protect the adverse party and the presiding judge from being compelled to examine the truth of exceptions of which they have no notice until after that time has expired; but not to prevent…
2Cited by13 opinions
- Commonwealth v. BorisMassachusetts Supreme Judicial Court · 1944
- Commonwealth v. EdmondsMassachusetts Supreme Judicial Court · 1974
- Commonwealth v. BeltonMassachusetts Supreme Judicial Court · 1967
- Commonwealth v. BaxterMassachusetts Supreme Judicial Court · 1929
- Commonwealth v. PorterMassachusetts Supreme Judicial Court · 1921
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