Tibbetts v. Sumner

Massachusetts Supreme Judicial Court

Tibbetts v. Sumner

36 Mass. 166

CourtMassachusetts Supreme Judicial Court

DecidedJune 26, 1837

StatusPublished

This text of 36 Mass. 166 (Tibbetts v. Sumner) 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

Tibbetts v. Sumner, 36 Mass. 166 (Mass. 1837).

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Opinion

Per Curiam.

The Court are of opinion, that the evidence offered by the defendant in the present case, was competent to prove a usual course of dealing between these parties ; and from that course of dealing, the jury might, in the absence of positive evidence, infer an intention that the particular sale in question should be on credit. When such a course of dealing is shown to exist, it will be presumed to continue, until some new arrangement is made, or until one party or the other shall give notice of his intent to change it.

Judgment on the verdict.

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Per Curiam.

The Court are of opinion, that the evidence offered by the defendant in the present case, was competent to prove a usual course of dealing between these parties ; and from that course of dealing, the jury might, in the absence of positive evidence, infer an intention that the particular sale in question should be on credit. When such a course of dealing is shown to exist, it will be presumed to continue, until some new arrangement is made, or until one party or the other shall give notice of his intent to change it.

Judgment on the verdict.

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Bluebook (online)

36 Mass. 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tibbetts-v-sumner-mass-1837.