Dexter v. Thayer

CourtUnited States State Supreme Judicial Court of Massachusetts
Writing for the CourtMORTON
Citation75 N.E. 223,189 Mass. 114
Decision Date11 September 1905
PartiesDEXTER v. THAYER.

189 Mass. 114
75 N.E. 223

DEXTER
v.
THAYER.

Supreme Judicial Court of Massachusetts, Barnstable.

Sept. 11, 1905.


Exceptions from Superior Court, Barnstable County; Lemuel Le B. Holmes, Judge.

Action for trespass by one Dexter against one Thayer. There was a verdict for plaintiff, and defendant brings exceptions. Overruled.


Thos. [189 Mass. 116]C. Day, for plaintiff.

H. H. Baker and H. P. Harriman, for defendant.

[75 N.E. 224]


[189 Mass. 114]MORTON, J.

This is an action of trespass in regard to the boundary line between two adjoining estates belonging to the plaintiff and defendant. There was a verdict for the plaintiff, and the case is here on exceptions by the defendant to the exclusion of certain evidence, and to the refusal to give certain rulings that were requested, and to instructions that were given.

[189 Mass. 115]The evidence that was excluded related to conversations between the husband of the plaintiff, and the husband, since deceased, of the defendant, and her son, in regard to the establishment of the line claimed by the defendant. They occurred in the absence of the defendant, and were excluded evidently on the ground that the court was not satisfied that the husband of the plaifntiff had authority to act for her as her agent. This was a preliminary question, on which the finding of the presiding judge was conclusive, unless it appears that the evidence did not warrant the finding as matter of law. Walker v. Curtis, 116 Mass. 98, 101;Stevens v. Miles, 142 Mass. 571, 8 N. E. 426;Smith v. Brown, 151 Mass. 338, 24 N. E. 31. The plaintiff's husband was not a witness, or, so far as appears, present, and she was called by the defendant and examined before the testimony that was excluded was offered. Taking her testimony as a whole, it is plain, it seems to us, that it cannot be said as matter of law that the finding of the presiding judge was wrong. The purport of it is that there was an arrangement for an exchange of lands between herself and her husband and the defendant and her husband, with a view to establishing the line in question as the defendant and her husband wanted to have it established, and that the arrangement never was carried out by the defendant, and that in whatever was done in reference to this line she acted with her husband. It cannot be said that her assent to a question put to her, in the course of her examination by defendant's counsel, that whatever was done with reference to the bound stones and the division line...

To continue reading

Request your trial
11 practice notes
  • Fauci v. Mulready
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • May 9, 1958
    ...189, 198, 138 N.E.2d 769. See, where relevancy of offered evidence was dependent upon a preliminary question of fact. Dexter v. Thayer, 189 Mass. 114, 115, 75 N.E. 223; Hart Packing Co. v. Guild, 251 Mass. 43, 46, 146 N.E. 238; Barrett v. Wood Realty, Inc., 334 Mass. 370, 374, 135 N.E.2d 66......
  • Commonwealth v. Boris
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • December 1, 1944
    ...what was submitted to the judge, his decision cannot be reversed. Commonwealth v. Sturtivant, 117 Mass. 122 , 137. Dexter v. Thayer, 189 Mass. 114 , 115. Commonwealth v. Marshall, 211 Mass. 86 , 90. Thornhill v. Carpenter-Morton Co. 220 Mass. 593 , 599. Commonwealth v. Russ, 232 Mass. 58 , ......
  • Coghlan v. White
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • June 24, 1920
    ...of the existence of agency as the basis for the admission of a conversation by a witness as binding on a party, Dexter v. Thayer, 189 Mass. 114, 75 N. E. 223; of the fact of authority by an alleged agent to write a letter offered as binding a party, Hathaway v. Congregation Ohab Shalom, 216......
  • McGaffigan v. Kennedy
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • December 29, 1938
    ...fact by the judge is conclusive unless it appears that the evidence did not warrant the finding as a matter of law. Dexter v. Thayer, 189 Mass. 114, 115, 75 N.E. 223;Slotofski v. Boston Elevated Railway Co., 215 Mass. 318, 320, 102 N.E. 417;Kelley v. Jordan Marsh Co., 278 Mass. 101, 106, 10......
  • Request a trial to view additional results
10 cases
  • Fauci v. Mulready
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • May 9, 1958
    ...189, 198, 138 N.E.2d 769. See, where relevancy of offered evidence was dependent upon a preliminary question of fact. Dexter v. Thayer, 189 Mass. 114, 115, 75 N.E. 223; Hart Packing Co. v. Guild, 251 Mass. 43, 46, 146 N.E. 238; Barrett v. Wood Realty, Inc., 334 Mass. 370, 374, 135 N.E.2d 66......
  • In-Towne Restaurant Corp. v. Aetna Cas. and Sur. Co., IN-TOWNE
    • United States
    • Appeals Court of Massachusetts
    • May 29, 1980
    ...make the statement to the police, the finding of the trial judge that the bar manager had no such authority was proper. Dexter v. Thayer, 189 Mass. 114, 115, 75 N.E. 223 (1905). Under the traditional rules of evidence still applicable to these actions, the lack of authority to make such a s......
  • Coghlan v. White
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • June 24, 1920
    ...of the existence of agency as the basis for the admission of a conversation by a witness as binding on a party, Dexter v. Thayer, 189 Mass. 114, 75 N. E. 223; of the fact of authority by an alleged agent to write a letter offered as binding a party, Hathaway v. Congregation Ohab Shalom, 216......
  • McGaffigan v. Kennedy
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • December 29, 1938
    ...fact by the judge is conclusive unless it appears that the evidence did not warrant the finding as a matter of law. Dexter v. Thayer, 189 Mass. 114, 115, 75 N.E. 223;Slotofski v. Boston Elevated Railway Co., 215 Mass. 318, 320, 102 N.E. 417;Kelley v. Jordan Marsh Co., 278 Mass. 101, 106, 10......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT