Goss v. Calkins
Massachusetts Supreme Judicial Court
Contract, for money lent. At the trial in the Superior Court, before Bishop, J., the jury returned a verdict for the plaintiff ; and the judge, at the request of the parties, reported the case for the determination of this court. If the judge erred in refusing to give certain rulings requested by the defendant, the verdict was to be set aside and judgment entered for the defendant ; otherwise, judgment was to be entered for the plaintiff upon the verdict.
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Contract, for money lent. At the trial in the Superior Court, before Bishop, J., the jury returned a verdict for the plaintiff ; and the judge, at the request of the parties, reported the case for the determination of this court. If the judge erred in refusing to give certain rulings requested by the defendant, the verdict was to be set aside and judgment entered for the defendant ; otherwise, judgment was to be entered for the plaintiff upon the verdict. The facts sufficiently appear in the opinion.
1Opinion of the CourtBarker, J.
1. The exception taken by the defendant to the refusal of the presiding justice to rule, at the close of the evidence for the plaintiff, that upon the evidence the plaintiff was not entitled to recover, need be no further considered than to say that the refusal was not a matter of exception, for the reason that the defendant did not rest his case upon that evidence. Hurley v. O’Sullivan, 137 Mass. 86, and cases cited.
2. At the close of all the evidence, the defendant requested three rulings: (1) that upon the uncontradicted facts, as shown *493by the plaintiff, he could not recover; (2) that upon…
2Cases cited1 opinion
- Hurley v. O'SullivanMassachusetts Supreme Judicial Court · 1884
3Cited by3 opinions
- Wild v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1898
- Todd v. MacLeodMassachusetts Supreme Judicial Court · 1905
- Household Engineers Inc. v. RyderMassachusetts Supreme Judicial Court · 1931