Brigham v. Lally

Decided March 8, 1881

Massachusetts Supreme Judicial Court · decided 1881-03-08

Contract on an account annexed for goods sold and delivered. Answer, a general denial, and payment. Trial in the Superior Court, without a jury, before Wilkinson, J., who allowed a bill of exceptions, in substance as follows: The defendant contended that the goods in question were furnished to his sons. This the plaintiffs denied, and produced their books, in which the goods were charged to the defendant.

Good law ✅— No negative treatment on recordhow we know

Decided 1881-03-08

How this case has been cited

Cited by 5 later decisions — most recently June 1912

5 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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By the Court.

¶1The ruling requested was rightly refused. The question whether the note was taken as payment was a question of fact, on which there was conflicting evidence, and the finding of the judge by whom the case was tried without a jury was conclusive.

¶2Exceptions overruled.