Barrett v. McHugh

Morton, J. This case is governed by Ileywood v. Stiles, 124 Mass. 275. There was evidence, proper to be considered by the presiding justice who tried the case without a jury, tending to show that the goods for which this suit is brought were sold upon the sole credit of the defendant, and that he was liable as an original promisor, and not as a guarantor. Upon this question, the finding of the justice is conclusive, and we cannot revise it. Exceptions overruled.