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(DOWNLOAD) "Thompson v. Sylvester Et Al." by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free

Thompson v. Sylvester Et Al.

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eBook details

  • Title: Thompson v. Sylvester Et Al.
  • Author : Supreme Judicial Court of Massachusetts
  • Release Date : January 30, 1931
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

PIERCE, J. This is an action of contract brought by the plaintiff as assignee under written assignments of all rights which the J. F. Gerrity Corporation, hereinafter called the company, had against the defendants. The answer of the defendants is a general denial and payment. In this action the plaintiff seeks to recover of the defendants a sum of money for lumber alleged to have been sold by the plaintiff's assignor to the defendants. At the trial to a jury in the Superior Court it was agreed by the parties to the action 'that the lumber that is set out in the account annexed and in the declaration was shipped by the lumber company and delivered to someone'; and it was admitted by the defendants that at 'some state' the defendant Ralph P. Sylvester received these shipments of lumber in some capacity. No question is raised as to the quantity, quality, or value of the lumber so shipped. It is stipulated to avoid further litigation that the admitted assignment by the company to the plaintiff of its rights against the defendant Ersilia N. Sylvester, dated December 2, 1929, may be treated as of June 2, 1929, the date of the assignment of its claim against Ralph P. Sylvester. At the close of the plaintiff's evidence both defendants rested and each defendant filed a motion for a directed verdict for the defendant. These motions were denied, respectively, and each defendant duly filed an exception to such denial. The jury found for the plaintiff. The case is before this court on the exceptions of the defendants thus saved and on their exceptions in respect to the admission in evidence of two letters. At the hearing before this court the defendant Ralph P. Sylvester waived the exception taken to the refusal to direct a verdict for him.


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