Tripp v. Macomber
Massachusetts Supreme Judicial Court
Contract on an account annexed for $3,400, for wages for eleven years and four months at the rate of $25 a month, which it was alleged that the plaintiff’s father, the defendant’s testator, promised to pay to the plaintiff and hold to his use subject to his order and call. Writ dated March 3,1904. The nature of the defence is stated in the opinion.
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Contract on an account annexed for $3,400, for wages for eleven years and four months at the rate of $25 a month, which it was alleged that the plaintiff’s father, the defendant’s testator, promised to pay to the plaintiff and hold to his use subject to his order and call. Writ dated March 3,1904. The nature of the defence is stated in the opinion. In the Superior Court the case was referred to Arthur M. Alger, Esquire, as auditor, with an agreement of the parties that his findings on facts were to be final, which was made a part of the order of the court appointing him. The auditor found for…
1Opinion of the CourtBarker, J.
The cause was referred to an auditor whose findings of facts were to be final. If under these circumstances he made an error in the exclusion or admission of evidence the parties might have no means of correcting the error except by motion to recommit because of it, and, if upon the hearing of such a motion there should be a ruling that there was no error, by exception to such ruling. We construe the motion made by the plaintiff after the filing of the auditor’s report to have been in effect a motion to recommit because of the auditor’s alleged errors as to evidence at the hearing, and as…
2Cases cited14 opinions
- Collins v. WickwireMassachusetts Supreme Judicial Court · 1894
- Fair v. Manhattan InsuranceMassachusetts Supreme Judicial Court · 1873
- Brooks v. HoldenMassachusetts Supreme Judicial Court · 1900
- Butterworth v. Western Assurance Co.Massachusetts Supreme Judicial Court · 1882
- Briggs v. GilmanMassachusetts Supreme Judicial Court · 1879
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lamarre v. Commissioner of Public Works of Fall RiverMassachusetts Supreme Judicial Court · 1949
- Lunn & Sweet Co. v. WolfmanMassachusetts Supreme Judicial Court · 1929
- W. R. Grace & Co. v. National Wholesale Grocery Co.Massachusetts Supreme Judicial Court · 1925
- Tobin v. KellsMassachusetts Supreme Judicial Court · 1911
- Manning v. Woodlawn Cemetery Corp.Massachusetts Supreme Judicial Court · 1921
6 more not listed; retrieve them via the Exa API.