Doon v. Donaher

Massachusetts Supreme Judicial Court

Doon v. Donaher

113 Mass. 151

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1873

StatusPublished

Cited by1 cases

This text of 113 Mass. 151 (Doon v. Donaher) 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.

Bluebook

Doon v. Donaher, 113 Mass. 151 (Mass. 1873).

Pincite

Opinion

By the Court.

There was sufficient evidence that Bancroft had been authorized by the defendant to make the agreement expressed in the instrument, and its contents having been proved by the plaintiff, after the defendant had refused to produce it upon notice, the testimony offered by the defendant becomes wholly immaterial. The only exception which appears to have been taken at the trial cannot therefore be sustained, and it must be presumed that in all other respects sufficient facts were proved, and proper rulings made, to support the action.

Exceptions overruled.

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By the Court.

There was sufficient evidence that Bancroft had been authorized by the defendant to make the agreement expressed in the instrument, and its contents having been proved by the plaintiff, after the defendant had refused to produce it upon notice, the testimony offered by the defendant becomes wholly immaterial. The only exception which appears to have been taken at the trial cannot therefore be sustained, and it must be presumed that in all other respects sufficient facts were proved, and proper rulings made, to support the action.

Exceptions overruled.

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Bluebook (online)

113 Mass. 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doon-v-donaher-mass-1873.

Opinion

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