160 Mass. 314
Massachusetts Supreme Judicial Court
Decided January 3, 1894
Massachusetts Supreme Judicial Court · decided 1894-01-03
<p>Declaration in Set-off■ — Questions to and Answers by Jury — Finding of Presiding Judge.</p> <p>If, in an action of contract, it appears to the satisfaction of the presiding justice that one of the grounds upon which the jury based their verdict for the defendant was his claim in set-off, and this opinion was warranted by the answers of the jury, and there was evidence sufficient in the justice’s opinion to sustain a verdict on that ground, it is immaterial that the jury answered that they were also in favor of the defendant on other grounds which the justice thought untenable.</p>
Cited by 3 later decisions — most recently January 1932
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1894-01-03
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¶1It appeared to the satisfaction of the presiding justice that one of the grounds upon which the jury based their verdict for the defendants was the set-off. This opinion was warranted by the answers of the jury. Since there was evidence which in ■ his opinion was sufficient to sustain a verdict for the defendants on that ground, it is immaterial that they answered that they were also in favor of the defendants on other grounds which he thought untenable.
¶2 Judgment on the verdict.