Briggs v. Gilman
Massachusetts Supreme Judicial Court
Contract upon an account annexed for goods sold and delivered to the defendant by Bussell Briggs, the plaintiff’s intestate. Answer, a general denial. In the Superior Court, the case was referred to an auditor, at the hearing before whom the plaintiff offered in evidence certain books purporting to be books of account of the intestate.
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Contract upon an account annexed for goods sold and delivered to the defendant by Bussell Briggs, the plaintiff’s intestate. Answer, a general denial. In the Superior Court, the case was referred to an auditor, at the hearing before whom the plaintiff offered in evidence certain books purporting to be books of account of the intestate. The defendant objected to their admission, and, at his request, the auditor reported all the evidence introduced before him bearing on the question of their admissibility. The auditor in his report stated that, upon this evidence, and upon an inspection of the…
1Opinion of the CourtGray, C. J.
The object of the statute by which the courts are authorized to refer cases to auditors, and to require their reports to be read as prima facie evidence at the’trial, although neither party may desire it, is to simplify and elucidate the issues to be tried. Gen. Sts. c. 121, § 46. Fogg v. Farr, 16 Gray, 396. Clark v. Fletcher, 1 Allen, 53. If one of the findings of the auditor appears to the court, upon the facts reported by him, to be erroneous in matter of law, or in excess of the authority conferred by the rule of reference, the jury may be instructed accordingly, and so much of his report…
2Cases cited4 opinions
- Fair v. Manhattan InsuranceMassachusetts Supreme Judicial Court · 1873
- Snowling v. Plummer Granite Co.Massachusetts Supreme Judicial Court · 1871
- Peru Steel & Iron Co. v. Whipple File & Steel Manufacturing Co.Massachusetts Supreme Judicial Court · 1872
- Packard v. ReynoldsMassachusetts Supreme Judicial Court · 1868
3Cited by16 opinions
- Collins v. WickwireMassachusetts Supreme Judicial Court · 1894
- Greene v. CoreyMassachusetts Supreme Judicial Court · 1912
- Leverone v. ArancioMassachusetts Supreme Judicial Court · 1901
- Lovell v. Commonwealth Thread Co.Massachusetts Supreme Judicial Court · 1932
- Picard v. BeersMassachusetts Supreme Judicial Court · 1907
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