Cain v. Ferry
This text of 141 N.E. 675 (Cain v. Ferry) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an action of contract to recover wages alleged to be due to the plaintiff from the defendant. [474]*474The chief defence is that by novation another was substituted for the defendant as debtor to the plaintiff. According to the testimony of the plaintiff no facts existed to warrant a finding of novation. The defendant’s several “ requests for rulings ” were requests for findings of facts. The general finding of the judge in favor of the plaintiff imported a belief of her testimony and required a refusal to make the findings asked by the defendant.
Order dismissing report affirmed.
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Cite This Page — Counsel Stack
141 N.E. 675, 247 Mass. 472, 1924 Mass. LEXIS 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cain-v-ferry-mass-1924.