[Download] "Indemnity Ins. Co. North America v. Paige" by Supreme Judicial Court of Massachusetts * Book PDF Kindle ePub Free
eBook details
- Title: Indemnity Ins. Co. North America v. Paige
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 01, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
FIELD, Justice. This action of contract was brought in a district court to recover money paid by the plaintiff's assignor, Elmer H. Bright and Company, to the defendant. The declaration is in two counts, the second count having been added by motion allowed at the trial at the close of the evidence and amended by motion allowed by the Appellate Division. The trial Judge denied certain so called requests for rulings made by the defendant and made certain so called rulings requested by the plaintiff, made special findings of fact and found for the plaintiff. There was a report to the Appellate Division which was dismissed. The defendant's contentions are directed to the allowance of the amendment of the declaration at the trial, the admissions and the exclusions of evidence and the denial of the requests for rulings made by him. 1. Several requests for rulings -- somewhat different in form -- denied by the trial Judge, present the question whether the finding for the plaintiff was warranted by the evidence. See Pacheco v. Medeiros, Mass., 198 N.E. 506. 'The general and special findings * * * are to stand if warranted upon any possible view of the evidence and not vitiated by error of law. And the general finding imports a finding of fact, so far as warranted by the evidence, not inconsistent with the special findings.' Commissioner of Banks v. Chase Securities Corp., Mass., 10 N.E.2d 472, 480. In accordance with these principles the finding for the plaintiff was warranted.