Inhabitants of Watertown v. White
Massachusetts Supreme Judicial Court
This was assumpsit, to recover the rent of a certain fishery in Watertown, said to have been leased by the plaintiffs to the defendant in March, 1811, for one year.
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This was assumpsit, to recover the rent of a certain fishery in Watertown, said to have been leased by the plaintiffs to the defendant in March, 1811, for one year. Trial was had upon the general issue, before Jackson, J., at the sittings here after the last October term, when a verdict was rendered for the plaintiffs ; and, if, upon the report of the judge who sat at the trial, the Court should be of opinion that the inhabitants of Watertown could maintain the action, without joining the inhabitants of Waltham and of Weston, as plaintiffs, with them, the verdict was to stand ; otherwise it…
1Opinion of the CourtWilde, J.
Several objec *383tions have been made to the verdict in this case ; the principal of which is founded on the supposition, that the action is not well brought; it being assumpsit on an express promise, in which, it is said, all the contracting parties have not been joined.
It is not denied, that, in point of fact, the defendant did contract with a committee of the town of Watertown. Prima, facie, therefore, the evidence is sufficient to sustain the declaration. But, as this committee were, by the statute of 1797, c. 75, authorized to act, as well in behalf of the inhabitants of Weston and Waltham,…
2Cited by6 opinions
- Emerick v. TavenerSupreme Court of Virginia · 1852
- Stover v. DavisWest Virginia Supreme Court · 1905
- Inhabitants of Eastham v. AndersonMassachusetts Supreme Judicial Court · 1876
- Emerick v. TavenerSupreme Court of Virginia · 1852
- Emerick v. TavenerSupreme Court of Virginia · 1852
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