Macullar v. Wall
This text of 72 Mass. 507 (Macullar v. Wall) 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.
Opinion
The presiding judge properly ruled that the burden of proof was on the plaintiffs to show that the price of the goods sold was due and payable at the time of instituting the present action. The further ruling, that the plaintiffs were not entitled to offer additional evidence as affirmative proof of their original case, after the evidence of the defendants had been closed, furnishes no legal gfound for exceptions. If admitted at all, it is a matter within the discretion of the court, and is admissible under peculiar circumstances requiring it. Its rejection furnishes no cause for exception. Morrison v. Clark, 7 Cush. 213. York v. Pease, 2 Gray, 282. Exceptions overruled.
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Cite This Page — Counsel Stack
72 Mass. 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macullar-v-wall-mass-1856.