Mckay v. Myers

• Court: Supreme Judicial Court of Massachusetts
• Writing for the Court: KNOWLTON, J.
• Citation: Mckay v. Myers, 168 Mass. 312, 47 N.E. 98 (Mass. 1897)
• Decision Date: 20 May 1897
• Parties: McKAY v. MYERS et al.

168 Mass. 312

47 N.E. 98

McKAY v. MYERS et al.

Supreme Judicial Court of Massachusetts, Suffolk.

May 20, 1897

The letters referred to in the opinion were as follows:

"Boston January 24, 1892. Messrs. Myers & Gordon, New York--Gentlemen: From correspondence with Frank Williams of E. Randolph, N.Y., it seems to us quite possible that he may shortly make some proposition to you with reference to an advance of money, and perhaps the tanning of some hides for you. We may be entirely mistaken in this, as it is only an impression; and of course we do not know if you would care to consider such overtures, if made; but in case we may prove to be correct, we take the liberty of saying that we think it will be of great importance to your interests--not less than to our own--that you should not finally commit yourselves to any such arrangement without first communicating with us on the subject, and hearing what we may have further to lay before you regarding the same. Asking you to kindly treat this letter as strictly 'private and confidential,' and soliciting the favor of a reply, we are, yours, very respectfully, McKay Co."

"New York, January 26, 1892. Messrs. McKay & Co. Boston--Gentlemen: Your letter of the 24th is rec'd. In reply will say we have had more or less business with the Williams from time to time for the past twenty years, but little lately. We don't know what your relations with F. Williams are. If you will write us more fully, we will better understand your position, and we certainly will avoid any interference should any proposition be made, as we have no desire to enter into any relations where there is a possible chance of unpleasantness. Yours, truly, Myers & Gordon."

"January 27, ---2. Messrs. Myers & Gordon, 82 Gold St., New York--Gentlemen: Your favor of the 26th inst. is received, for which we are obliged. Frank Williams is under contract to tan for us a large number of hides, and to tan for us exclusively until said contract is completed. Any and all bark in his possession has been sold and conveyed to us, and a lien in our favor has been created on all bark which he may purchase until certain obligations to us have been discharged. His contract with us prohibits him from using said bark, or any of it, for any purpose other than tanning hides which we may send him, until all hides which he has contracted to tan for us shall have been tanned. Probably this is sufficient for your information at the present moment,--the more so as we wrote our previous letter simply under an impression, as stated, than with definite knowledge. Should occasion call for more detailed and full communication to you on this subject, we will inform you more at length and in detail. Asking you kindly to consider this letter as strictly private and confidential, yours, truly, McKay & Co."

"New York, October 10, 1892. Messrs. McKay & Co., Boston--Gentlemen: We received a letter from Frank Williams, of East Randolph, N.Y., asking us to furnish about 5,000 hides to tan on commission, the proceeds of sale of lea. to be paid to you. Not knowing anything about your relations with F. Williams, other than a letter received from you last spring, and not wishing to enter into any arrangement that will interfere with you, or in any way become complicated, we ask you if there are any objections, and if such an arrangement would be agreeable to you. Yours, truly, Meyers & Gordon."

"Boston, October 11, 1892. Myers & Gordon, 82 Gold street, New York--Gentlemen: Yours 10th is rec'd and noted. We assent to your sending Frank Williams the about 5,000 hides referred to, net proceeds to be paid to us. You will learn from him about how many per week he wants. If agreeable, send us duplicate invoices, and oblige, yours, truly, McKay & Co."

"New York, September 23, 1893. Messrs. McKay & Co., Boston--Gentlemen: Inclosed please find check $355.06, balance due F. Williams as per account rendered him this day. Please acknowledge receipt, and oblige, yours, truly, Myers & Gordon."

The order referred to in the opinion was as follows:

"Randolph, N.Y., May 25, 1893. Mess. Myers & Gordon, New York--Gents: Please pay to McKay & Co., of Boston, Mass., or order, amount of proceeds of sales of leather made from hides furnished by your firm to me since October 10th, 1892, after having deducted your charges against same, and oblige, yours, truly, Frank Williams."

COUNSEL

BenJ. L.M. Tower, for plaintiff.

Alfred Hemenway, John F. Simmons, and F.L. Eckerson, for defendants.

OPINION

KNOWLTON J.

We may first consider the question whether the press copy of the plaintiff's letter of January 27, 1892, was rightly admitted in evidence. The plaintiff testified that he wrote the letter, and took the press copy himself, and also testified to a general course of business in conducting his correspondence, which tended to show that he deposited this...