Scott v. Kona Development Co.
Hawaii Supreme Court
Exceptions erom Circuit Court, Third Circuit.
1Opinion of the Court
OPINION OF THE COURT BY
PERRY, J.
This is an action at law, ex. contractu, for the recovery from the sole defendant of the sum of $57,026.61. The trial court found that the promise declared on was made by James B. Castle and F. B. McStocker jointly with the defendant and rendered judgment for defendant on the sole ground of “nonjoinder of proper parties defendant” and plaintiffs excepted.
The fact, if fact it was, that there were three joint promisors did not appear on the face of the declaration and therefore the defect, if any, could not have been taken advantage of by demurrer; but the…
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- Leonard v. SpeidelMassachusetts Supreme Judicial Court · 1870
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