Rose v. Learned
Cases that cite this one
5 later published cases cite this decision.
- Allen v. Furbish (Mass. 1855)
- Ellis v. Ohio Life Insurance & Trust Co. (Ohio Superior Court, Cincinnati 1854)
- Folger v. The Robert G. Shaw (U.S. Circuit Court for the District of Massachusetts 1847)
- Heaverin v. Donnell (Miss. 1846)
- Davlin v. Hill (Me. 1834)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The nonsuit must be set aside, and anew triar granted; because the nonsuit was ordered, not for the defect of evidence on the part of the plaintiff, but on evidence produced by the defendant, which might not have been believed by the jury.
Further, the facts contained in the deposition read at the trial would not avoid the note, unless proved by writing. The evidence that a written agreement to the same effect has been lost is not sufficient,
New trial granted.
[See Lock vs. Wood, 16 Mass. Rep. 317, and note. — Mitchell vs. New E. M. Ins. Co. 12 Mass. Rep. 49, and note.— Bridge vs. Sumner, 1 Pick. 371.— Babcock vs Thomas, 3 Pick. 403. — Dewar vs. Purday, 4 Nev. & Man. 633. — 3 Al & . E. 166. — Tidd, P. Forms, 6th ed. 370, 371. — Ed.]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.