Foote v. Cotting
Massachusetts Supreme Judicial Court
Contract to recover from the owners of a building money alleged to have been embezzled from the plaintiff by her agent, and to have been applied by him as agent of the defendants to the payment of taxes on the building.
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Contract to recover from the owners of a building money alleged to have been embezzled from the plaintiff by her agent, and to have been applied by him as agent of the defendants to the payment of taxes on the building. Writ dated October 20, 1905. The several defendants demurred to the declaration, and the case was heard in the Superior Court upon the demurrers by Fessenden, J. He overruled the demurrers, and by agreement of the parties reported the case for determination by this court. It was stated in the report that if the demurrers were sustained final judgment was to be entered for the…
1Opinion of the CourtBbaley, J.
The demurrers admit the special count, with a prayer for damages “ to be paid by the several defendants in proportion to their interests in said premises,” and whose recitals evidently were intended by the pleader as a full and accurate statement of all the facts at his command, which if proved would be sufficient to maintain the action. See Robinson v. Green, 3 Met. 159; Hall v. Marston, 17 Mass. 575, 579. If, however, the plaintiff should prove these allegations she could not recover a judgment against the defendants jointly, as their liability and the measure of recovery is expressly…
2Cases cited37 opinions
- Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
- Atlantic Cotton Mills v. Indian Orchard MillsMassachusetts Supreme Judicial Court · 1888
- Innerarity v. Merchants' National BankMassachusetts Supreme Judicial Court · 1885
- Lamborn v. County CommissionersSupreme Court of the United States · 1878
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
32 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Deyo v. . HudsonNew York Court of Appeals · 1919
- United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
- Newell v. HadleyMassachusetts Supreme Judicial Court · 1910
- Brown v. City of NewburyportMassachusetts Supreme Judicial Court · 1911
- Williams v. DuganMassachusetts Supreme Judicial Court · 1914
27 more not listed; retrieve them via the Exa API.