Field v. Thompson

Massachusetts Supreme Judicial Court

Field v. Thompson

119 Mass. 151, 1875 Mass. LEXIS 97

CourtMassachusetts Supreme Judicial Court

DecidedNovember 16, 1875

StatusPublished

Cited by14 cases

This text of 119 Mass. 151 (Field v. Thompson) 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

Field v. Thompson, 119 Mass. 151, 1875 Mass. LEXIS 97 (Mass. 1875).

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Opinion

Gray, C. J.

The bill of exceptions shows that the delivery of the articles in question was not disputed, and that the only real issue in the case was upon whose order and credit they were delivered. The entries in the plaintiff’s book of account were not admissible on that issue; they were not in the nature of a certificate required by law or usage, but were mere private memoranda ; and the first ruling, excluding the book, was correct, Somers v. Wright, 114 Mass. 171.

[153]*153The entries might doubtless be shown to the witness to aid Eiis recollection; and if they did not appear to have been admitted for any other purpose, the exception to their admission could not be sustained. Dugan v. Mahoney, 11 Allen, 572. Cobb v. Boston, 109 Mass. 438.

But the final ruling of the learned judge, as stated in the bill of exceptions allowed by him, went beyond this. It was, “ that the entry in the book might be regarded as a memorandum made by the plaintiff at the time, and, as such, entitled to some weight ,n confirmation of the recollection and evidence of the plaintiff ” upon the question at issue between the parties. This ruling was inconsistent with the first one, and allowed to these entries a weight as evidence, in corroboration of the plaintiff’s testimony, to which they were not legally entitled. Townsend Bank v. Whitney, 3 Allen, 454. Maine v. Harper, 4 Allen, 115. Bentley v. Ward, 116 Mass. 333. Prew v. Donahue, 118 Mass. 438.

Exceptions sustained.

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Gray, C. J.

The bill of exceptions shows that the delivery of the articles in question was not disputed, and that the only real issue in the case was upon whose order and credit they were delivered. The entries in the plaintiff’s book of account were not admissible on that issue; they were not in the nature of a certificate required by law or usage, but were mere private memoranda ; and the first ruling, excluding the book, was correct, Somers v. Wright, 114 Mass. 171.

[153]*153The entries might doubtless be shown to the witness to aid Eiis recollection; and if they did not appear to have been admitted for any other purpose, the exception to their admission could not be sustained. Dugan v. Mahoney, 11 Allen, 572. Cobb v. Boston, 109 Mass. 438.

But the final ruling of the learned judge, as stated in the bill of exceptions allowed by him, went beyond this. It was, “ that the entry in the book might be regarded as a memorandum made by the plaintiff at the time, and, as such, entitled to some weight ,n confirmation of the recollection and evidence of the plaintiff ” upon the question at issue between the parties. This ruling was inconsistent with the first one, and allowed to these entries a weight as evidence, in corroboration of the plaintiff’s testimony, to which they were not legally entitled. Townsend Bank v. Whitney, 3 Allen, 454. Maine v. Harper, 4 Allen, 115. Bentley v. Ward, 116 Mass. 333. Prew v. Donahue, 118 Mass. 438.

Exceptions sustained.

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119 Mass. 151, 1875 Mass. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/field-v-thompson-mass-1875.

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