Bruce v. Anderson
Massachusetts Supreme Judicial Court
Contract, upon a judgment recovered on July 9, 1897, in the First District Court of Eastern Middlesex, by James Henderson and John D. Henderson, copartners doing business under the firm name of Henderson Brothers, against the defendants in the present action, for $631.39 damage, and $12.38 costs of suit, making $643.77. At the trial in the Superior Court, before Blodgett, J., the jury returned a verdict for the plaintiff in the sum of $240.46, crediting the defendants with a…
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Contract, upon a judgment recovered on July 9, 1897, in the First District Court of Eastern Middlesex, by James Henderson and John D. Henderson, copartners doing business under the firm name of Henderson Brothers, against the defendants in the present action, for $631.39 damage, and $12.38 costs of suit, making $643.77. At the trial in the Superior Court, before Blodgett, J., the jury returned a verdict for the plaintiff in the sum of $240.46, crediting the defendants with a payment of $50 to one Roberts, attorney for the plaintiffs in the former case, and another payment made to the original…
1Opinion of the CourtHolmes, C. J.
This is an action brought by an assignee in insolvency upon a judgment recovered by the insolvent. The first publication of notice was on June 8, 1898. On June 10, 1898, the insolvent’s attorney, who had had charge of the case in which the judgment was recovered, took out a third execution *162for the amount remaining unpaid, namely, $293.77, and the next day collected $200, agreeing to receive that sum in full satisfaction, and surrendering the execution to the defendants. At the trial of the present action the jury were instructed that they should allow the defendants the fees and disbursements…
2Cases cited12 opinions
- Martin v. HawksNew York Supreme Court · 1818
- McDonald v. NapierSupreme Court of Georgia · 1853
- Drohan v. Lake Shore & Michigan Southern Railway Co.Massachusetts Supreme Judicial Court · 1894
- Weber v. CouchMassachusetts Supreme Judicial Court · 1883
- Adams v. FoxNew York Supreme Court · 1863
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3Cited by12 opinions
- Boynton v. TarbellMassachusetts Supreme Judicial Court · 1930
- Delval v. GagnonMassachusetts Supreme Judicial Court · 1912
- Brocklehurst & Potter Co. v. MarschMassachusetts Supreme Judicial Court · 1916
- Elbaum v. SullivanMassachusetts Supreme Judicial Court · 1962
- Goldman v. Noxon Chemical Products Co.Massachusetts Supreme Judicial Court · 1931
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