156 Mass. 440 | Mass. | 1892
Of the two exceptions taken by the defendant, the first has not been argued. The second exception relates to two rulings asked upon the question of recoupment. Of these requests the second ought not to have been given, because it does not in fact appear “ by the uncontroverted evidence that the defendant suffered from the plaintiff’s wrongful payment of the money to Kimball damages far in excess of the amount sued for,” as stated in the request. The exceptions recite that the defendant was a corporation “ organized under the laws of New York to build and operate an elevated railroad in Brooklyn, N. Y. No proof of the law of New York was made, and no proof was offered of its provisions, except as hereinafter stated. The capital was fixed at $1,000,000, and $50,000 was paid on the capital at the time of organization, Jan. 2, 1879, to the commissioners of rapid transit. The commissioners retained $5,150 for their services and expenses, and on Jan. 7, 1879,