Low v. Boston Five Cents Savings Bank

118 Mass. 260, 1875 Mass. LEXIS 351

Opinion

By the Court.

The judge below has not found as a fact whether Wyeth had or had not made a valid assignment or transfer for sufficient consideration to Parker, but only that the plaintiff testified to what the defendant’s president told him upon that point. The ruling, without settling that fact, that as matter of law the plaintiff had failed to make out a case that entitled him to recover, was erroneous. Exceptions sustained.