Zoller v. Morse
This text of 130 Mass. 267 (Zoller v. Morse) 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
Under the declaration for beef sold and delivered and the general denials in the answer, the question in issue was whether the plaintiff sold and delivered to the defendants good merchantable meat.. The burden of proof on that issue [268]*268rested upon the plaintiff. Evidence of the sale and delivery to the defendants of beef of the quantities alleged might make a prima facie case; but it would not change the burden of proof. Caverly v. McOwen, 123 Mass. 574. Funcheon v. Harvey, 119 Mass. 469. Powers v. Russell, 13 Pick. 69. Central Bridge v. Butler, 2 Gray, 130.
Exceptions sustained
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130 Mass. 267, 1881 Mass. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zoller-v-morse-mass-1881.