Phenix Iron Foundry v. Lockwood
Supreme Court of Rhode Island
Assumpsit. In the first count the plaintiff declared against the defendant Lockwood ; in the second count against Lockwood and the Crefeld Electrical Works, setting forth the promise of Lockwood and an agreement between Lockwood and the Crefeld Electrical Works whereby the latter promised the former to pay the plaintiff the original debt, and an implied promise arising to the plaintiff from the Crefeld Electrical Works.
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Assumpsit. In the first count the plaintiff declared against the defendant Lockwood ; in the second count against Lockwood and the Crefeld Electrical Works, setting forth the promise of Lockwood and an agreement between Lockwood and the Crefeld Electrical Works whereby the latter promised the former to pay the plaintiff the original debt, and an implied promise arising to the plaintiff from the Crefeld Electrical Works. The defendants demurred to the declaration on the ground, among others, of joinder of separate causes of action against several defendants. Heard on demurrers to the…
1Opinion of the CourtStiness, J.
In the first count of the declaration the plaintiff has declared against the defendant Lockwood for goods sold. The second count alleges that the defendant Crefeld Electrical Works, in consideration of the'transfer of property to it by said Lockwood, assumed the payment of this debt, and thereby became liable for it to the plaintiff.
The defendants demur to the declaration upon the ground, among others, that it sets forth separate and distinct causes of action against the several defendants.
The plaintiff claims the right to do this under Gen. Laws cap. 233, §§ 20-23, which provide, in…
2Cases cited2 opinions
- Wood v. MoriartySupreme Court of Rhode Island · 1887
- Urquhart v. BraytonSupreme Court of Rhode Island · 1878
3Cited by5 opinions
- Eames v. MayoSupreme Court of Connecticut · 1919
- Industrial Trust Co. v. GoldmanSupreme Court of Rhode Island · 1937
- Casey Pure Milk Co. v. Booth Fisheries Co.Supreme Court of Minnesota · 1913
- Jewel Company of America, Inc. v. GeorgeSupreme Court of Rhode Island · 1977
- Bethlehem Iron Co. v. HoadleyU.S. Circuit Court for the District of Rhode Island · 1907