Zoller v. Morse

Decided January 31, 1881

Massachusetts Supreme Judicial Court · decided 1881-01-31

Contract for beef sold and delivered, according to an account annexed. The answer denied every allegation in the declaration and every item of debit in the account; and alleged that the meat therein charged for was tainted and unwholesome, and known by the plaintiff to be such at the time of the sale and delivery.

Relies on Caverly v. McOwen · Funcheon v. Harvey

Good law ✅— No negative treatment on recordhow we know

Decided 1881-01-31

How this case has been cited

Cited by 5 later decisions — most recently April 1967

1 federal appellate · 4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gray, C. J.

¶1Under the declaration for beef sold and delivered and the general denials in the answer, the question in issue was whether the plaintiff sold and delivered to the defendants good merchantable meat.. The burden of proof on that issue *268rested upon the plaintiff. Evidence of the sale and delivery to the defendants of beef of the quantities alleged might make a prima facie case; but it would not change the burden of proof. Caverly v. McOwen, 123 Mass. 574. Funcheon v. Harvey, 119 Mass. 469. Powers v. Russell, 13 Pick. 69. Central Bridge v. Butler, 2 Gray, 130.

¶2Exceptions sustained