Home/Massachusetts Supreme Judicial Court/Latham v. Aldrich

Latham v. Aldrich

44 N.E. 137, 166 Mass. 156, 1896 Mass. LEXIS 101
CourtMassachusetts Supreme Judicial Court
DecidedMay 22, 1896
StatusPublished
Cited by1 cases

This text of 44 N.E. 137 (Latham v. Aldrich) 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
Latham v. Aldrich, 44 N.E. 137, 166 Mass. 156, 1896 Mass. LEXIS 101 (Mass. 1896).

Opinion

Holmes, J.

This is an action for deceit in representing that a house stood on a lot numbered 56 on a plan, whereas the house was on the next lot, 55. On cross-examination the plaintiff admitted that he had bought 55, and was compelled- to tell the price he paid, which is the matter excepted to. It is said that his answer shows that by this latter purchase he had nearly or wholly made good his loss, and that the fact was liable to prejudice him with the jury. At the time the question was asked, the relations of all the parties who had anything to do with the lots were disputed and uncertain, and considerable latitude of cross-examination was proper to be allowed. What the answer would be was unknown. The judge stated expressly, that if, as turned out to be the fact, the plaintiff’s purchase was a matter entirely between him and the third person who made the deed, his having made a good bargain would not help the defendants. Thus, by'the very conditions on which the evidence was admitted, the jury were told to disregard it in the event which happened. We must assume that they followed the instruction. Sullivan v. Lowell & Dracut Street Railway, 162 Mass. 536, 538. See Oak Island Hotel Co. v. Oak Island Grove Co. 165 Mass. 260.

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Cite This Page — Counsel Stack

Bluebook (online)
44 N.E. 137, 166 Mass. 156, 1896 Mass. LEXIS 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/latham-v-aldrich-mass-1896.