D. W. Small & Sons, Inc. v. Don Mahoney
D. W. Small & Sons, Inc. v. Don Mahoney
Opinion of the Court
MEMORANDUM OF DECISION.
Defendant appeals from a judgment entered on a jury’s verdict awarding plaintiff $4,202.20 found to be due on an open credit account for petroleum products, tires, batteries, and automobile accessory goods purchased by defendant from plaintiff’s assign- or. On appeal defendant argues that the presiding justice erred in admitting in evidence an affidavit to which was appended an “account annexed” and in denying his motions for a directed verdict and for judgment n. o. v. We find no error in the judgment below. Plaintiff sued on an
Accordingly, the entry is:
Appeal denied.
Judgment affirmed.
. Since plaintiff took no cross-appeal, we have no occasion to rule whether the presiding justice was correct in effectively excluding the affidavit from evidence.
Reference
- Full Case Name
- D. W. SMALL & SONS, INC. v. Virgil Don MAHONEY d/b/a Don's Garage
- Status
- Published