Hilton v. Scarborough

Massachusetts Supreme Judicial Court

Hilton v. Scarborough

71 Mass. 422

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1855

StatusPublished

This text of 71 Mass. 422 (Hilton v. Scarborough) 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

Hilton v. Scarborough, 71 Mass. 422 (Mass. 1855).

Pincite

Opinion

By the Court.

No authority was cited in support of the admission of the evidence to raise a presumption of payment. [423]*423Such evidence proves nothing. The fact of the reputed wealth of the defendant, and his supposed ability to pay whenever called upon, might have furnished the very reasons operating on the plaintiff’s mind to allow the note to remain uncollected. The admission of the evidence of the private dealings of the witness with the defendant was still more objectionable.

Exceptions sustained.

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By the Court.

No authority was cited in support of the admission of the evidence to raise a presumption of payment. [423]*423Such evidence proves nothing. The fact of the reputed wealth of the defendant, and his supposed ability to pay whenever called upon, might have furnished the very reasons operating on the plaintiff’s mind to allow the note to remain uncollected. The admission of the evidence of the private dealings of the witness with the defendant was still more objectionable.

Exceptions sustained.

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Bluebook (online)

71 Mass. 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hilton-v-scarborough-mass-1855.