[Download] "French v. Hall" by United States Supreme Court # eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: French v. Hall
• Author : United States Supreme Court
• Release Date : January 29, 1886
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

E. O. Wolcott, for defendant in error. The plaintiff in error, who was plaintiff below, a citizen of Massachusetts, brought his action at law in the circuit court of the United States for the district of Colorado, against the defendant in error, to recover for the value of services alleged to have been performed by him for the defendant as a broker, in reference to the sale of certain mining property in which the defendant was interested. There was a general denial by the answer of the defendant, and the cause was submitted to a jury upon the issue joined. The record shows that on the first trial there was a verdict in favor of the plaintiff for $5,000, which, on a motion for a new trial, was set aside on payment of costs. Thereupon, at a subsequent term, the cause came on again for trial by jury, and there was a verdict for the defendant, and judgment rendered thereon, to reverse which is the object of the present writ of error It appears from the bill of exceptions taken on the second trial that the plaintiff, to maintain the issue on his part, gave evidence tending to prove that the defendant, Hall, promised to pay him $5,000 for his services in assisting the defendant to make sale of certain mining property in which he was interested. The defendant, to maintain the issue on his part, gave evidence tending to prove that he never promised to pay the plaintiff any sum whatever. The defendant, while on the stand as a witness, on cross-examination, testified that he never told any one that he promised to pay the plaintiff the sum of $5,000; and further testified that he never told the attorney of the plaintiff, Mason B. Carpenter, that he promised to pay the plaintiff the sum of $5,000. The plaintiff in rebuttal offered as a witness the said attorney, Mason B. Carpenter, who was the sole attorney of the plaintiff in conducting the trial of said cause; and who offered to testify that the defendant, Hall, had told him, the said Carpenter, that at a certain time and place he, the defendant, promised to pay the plaintiff, French, the sum of $5,000. The court refused to allow the said Carpenter to be sworn as a witness for the plaintiff because he was acting as an attorney for the plaintiff in conducting the trial of the cause, to which ruling the counsel for the plaintiff excepted.

Free PDF Books "French v. Hall" Online ePub Kindle