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accepted according action admitted agreed agreement amount answer appeared applied assignment attachment authority bank Bardwell bill bond Boston bound carried cause charged cited claim common condition consideration considered construction contended contract conveyance conveyed corporation Court creditors damages debts deed defendants delivered demand easement effect entitled evidence execution express facts further give given grant ground half held indenture intent interest issue Johns judge judgment jury land limited maintain Mass means mill mortgage necessary notice objection offered opinion owner paid parties passed payment persons Pick plaintiff Pleas possession present principle proved purchase quantity question reason received record recover reference respect Revised rule statute street sufficient suit taken tenant term tion town trial trust trustee unless valid verdict vessel water power whole witness
Page 81 - SHAW, CJ, delivered the opinion of the Court. This is an application by the defendant, to set aside the verdict and grant a new trial, on the affidavit of the jurors, that in the assessment of damages they made a mistake. The mistake alleged was this, that in estimating the value of the goods which were the subject of controversy, one witness only was examined, who testified as to the quality, condition and cost of the goods, and to his...