Hamilton v. Boston Port & Seamen's Aid Society

126 Mass. 407, 1879 Mass. LEXIS 279

Opinion

By the Court.

The judge by whom the case was tried had the same power as a jury, and, upon the particular facts stated in the auditor’s report and the additional evidence, was not required, as matter of law, to reach the same general conclusion as the auditor, but was warranted in finding that the plaintiff never in fact lent the money sought to be recovered in this action. Blackington v. Johnson, ante, 21.

Judgment for the defendant.