Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of Massachusetts Volume 87-88 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1851 Excerpt: ...Trials, 7. This motion is addressed to the discretion of the Court. A very learned and wise English judge says, " Such applications should be cautiously admitted, as it would be a great inlet of perjury." Vernon v. Hankey, 2 T. R. 120. The former trial was full and satisfactory; the evidence now offered is in itself of a suspicious character and comes under suspicious circumstances; and the witness is shown not to be credible. To grant a new trial therefore would, in our opinion, open a VOL. XXIV. Parker door for the introduction of perjury, would unnecessarily give Hardy. tne party an opportunity to take a chance with another jury, would increase the expenses of litigation, and might possibly endanger the justice of the case. Judgment on verdict. Daniel Dole versus Darius Young. The following writing was signed and addressed to the plaintiff by the defendant: " Please send W. goods to the amount of $ 100, and I will guaranty the same in four months;" and the plaintiff, immediately after the presentation thereof, delivered goods to W. It was held, that this was strictly a guaranty of the debt of W., and not an original undertaking on the part of the defendant; that a demand of payment of W. by letter was a sufficient demand; and that notice of nonpayment, received by the defendant within five or six days after the credit expired, was given within reasonable time. It was held, that the admission by the defendant, that he had received notice before the action was brought, might be given in evidence, although not made until after the action had been brought. On a case stated it appeared, that this was assumpsit on the following writing, dated January 10th, 1833, signed by the defendant, and addressed to the plaintiff: "Please send Mr. ...