Hathaway v. Shalom
Massachusetts Supreme Judicial Court
Contract upon a contract in writing whereby the plaintiffs, Chauncey C. and A. Judson Hathaway as copartners, agreed to construct a synagogue in Chelsea for the defendant. Writ dated May 5, 1909; also Contract upon the same contract by the defendant in the first action against Chauncey C. Hathaway as the surviving member of the partnership who were the plaintiffs therein, alleging breaches of the same contract.
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Contract upon a contract in writing whereby the plaintiffs, Chauncey C. and A. Judson Hathaway as copartners, agreed to construct a synagogue in Chelsea for the defendant. Writ dated May 5, 1909; also Contract upon the same contract by the defendant in the first action against Chauncey C. Hathaway as the surviving member of the partnership who were the plaintiffs therein, alleging breaches of the same contract. Writ dated May 25, 1909. The actions were tried together before Fessenden, J. The material facts are stated in the opinion. There was a verdict for the plaintiffs in the first action…
1Opinion of the CourtRugg, C. J.
A question of practice lies at the threshold. The time within which exceptions might be allowed had been extended several times, one of these extensions expiring on June 9, 1913. On that date and within the time for allowing exceptions, upon *542motion of counsel for the Congregation Ohab Shalom of Chelsea, which hereafter will be referred to as the defendant, further extension until July 1, 1913, was granted orally by the court, but no-memorandum to that effect was filed, nor was the clerk informed, at the time. On June 24 substitute exceptions were filed and allowed. This action was within the…
2Cases cited15 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Karrick v. WetmoreMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. Min SingMassachusetts Supreme Judicial Court · 1909
- McNicholas v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1907
- Slotofski v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
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3Cited by16 opinions
- Tardanico v. Aetna Life & Casualty Co.Massachusetts Appeals Court · 1996
- Maggelet's CaseMassachusetts Supreme Judicial Court · 1917
- Reno v. CotterMassachusetts Supreme Judicial Court · 1921
- Douglas v. Holyoke Machine Co.Massachusetts Supreme Judicial Court · 1919
- Lajoie v. MillikenMassachusetts Supreme Judicial Court · 1922
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