Fischer v. Morse

Massachusetts Supreme Judicial Court

Fischer v. Morse

75 Mass. 440

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1857

StatusPublished

This text of 75 Mass. 440 (Fischer v. Morse) 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

Fischer v. Morse, 75 Mass. 440 (Mass. 1857).

Pincite

Opinion

Thomas, J.

The real matter in issue and on trial was the validity of the sale from the plaintiffs to Allen, the insolvent. It was upon this matter, that one of the plaintiffs was offered as a witness. The other party to that contract of sale was dead. The taking that was on trial was the taking by Allen under the contract of sale. The witness was clearly within the reason and purpose of the limitation of the statute, if not within the letter.

Exceptions overruled.

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Thomas, J.

The real matter in issue and on trial was the validity of the sale from the plaintiffs to Allen, the insolvent. It was upon this matter, that one of the plaintiffs was offered as a witness. The other party to that contract of sale was dead. The taking that was on trial was the taking by Allen under the contract of sale. The witness was clearly within the reason and purpose of the limitation of the statute, if not within the letter.

Exceptions overruled.

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Bluebook (online)

75 Mass. 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fischer-v-morse-mass-1857.