Foster v. Leach
Massachusetts Supreme Judicial Court
Contract, on a promissory note made by the Nantucket Electric Light Company to the order of Hosea W. Leach, and by him indorsed to his wife, Anna F. Leach, who indorsed it to the plaintiff. At the trial in the Superior Court before Hammond, J., the jury returned a verdict against each defendant; and the defendants alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
1. The defendants’ first objection was “ that the plaintiff could not maintain his action upon the declaration, as it did not set out any joint promise of the defendants”; in other words, that a separate count was required for each defendant. This objection, if valid, (which we do not decide,) could only be taken by demurrer seasonably filed. Pub. Sts. c. 167, §§ 11,12. Rule 14 of Superior Court. Downs v. Hawley, 112 Mass. 237.
2. The second objection was that the declaration alleged a joint liability of the defendants, and that it appeared on inspec*419tian of the note that their contracts were…
2Cases cited7 opinions
- Kenworthy v. SawyerMassachusetts Supreme Judicial Court · 1878
- Downs v. HawleyMassachusetts Supreme Judicial Court · 1873
- Roby v. PhelonMassachusetts Supreme Judicial Court · 1875
- Binney v. Globe National BankMassachusetts Supreme Judicial Court · 1890
- Clark v. PattersonMassachusetts Supreme Judicial Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
- Savannah Electric Co. v. ThomasCourt of Appeals of Georgia · 1923
- George N. Pierce Co. v. BeersMassachusetts Supreme Judicial Court · 1906
- National Granite Bank v. WhicherMassachusetts Supreme Judicial Court · 1899
- Leavitt v. WintmanMassachusetts Supreme Judicial Court · 1919
3 more not listed; retrieve them via the Exa API.