Gorman v. Montgomery

Massachusetts Supreme Judicial Court

Gorman v. Montgomery

83 Mass. 416

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 15, 1861

StatusPublished

Cited by1 cases

This text of 83 Mass. 416 (Gorman v. Montgomery) 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

Gorman v. Montgomery, 83 Mass. 416 (Mass. 1861).

Pincite

Opinion

By the Court.

This case comes within Keith v. Kibbe, 10 Cush. 35. The plaintiffs’ book of original entries was inadmissible as to the only question in contention between the parties before the jury, which was, whether the work was done on the credit of the defendant.

The instructions of the court permitted the jury to weigh this evidence in connection with other facts in proof. As we cannot know that it did not materially influence the verdict, the defendant is entitled to a new trial. Exceptions sustained.

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By the Court.

This case comes within Keith v. Kibbe, 10 Cush. 35. The plaintiffs’ book of original entries was inadmissible as to the only question in contention between the parties before the jury, which was, whether the work was done on the credit of the defendant.

The instructions of the court permitted the jury to weigh this evidence in connection with other facts in proof. As we cannot know that it did not materially influence the verdict, the defendant is entitled to a new trial. Exceptions sustained.

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Bluebook (online)

83 Mass. 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gorman-v-montgomery-mass-1861.

Opinion

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