Nash v. Commonwealth
Massachusetts Supreme Judicial Court
Petition in equity, filed December 30,1897, in the Superior Court, against the Commonwealth, S. Casparis, and George H. Smith and Theron H. Burden, copartners as Smith and Burden, to enforce payment of a claim for materials furnished by the petitioner to Smith and Burden, contractors under Casparis, who had a contract with the Metropolitan Water Board for the construction of an aqueduct as a part of the metropolitan water system.
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Petition in equity, filed December 30,1897, in the Superior Court, against the Commonwealth, S. Casparis, and George H. Smith and Theron H. Burden, copartners as Smith and Burden, to enforce payment of a claim for materials furnished by the petitioner to Smith and Burden, contractors under Casparis, who had a contract with the Metropolitan Water Board for the construction of an aqueduct as a part of the metropolitan water system. The Commonwealth and Casparis demurred to the petition. At the hearing a- decree was entered sustaining the demurrers and dismissing the petitionand the petitioner…
1Opinion of the CourtHammond, J.
The petitioner says that he furnished certain materials to Smith and Burden, contractors for the construction of an aqueduct for the Commonwealth; that he has not been paid therefor, but that the Commonwealth, by agreement with the contractor, and in accordance with Pub. Sts. c. 16, § 64, has retained in its possession a certain portion of the contract money for the payment of his and similar claims ; and he seeks by this proceeding to have his claim paid out of that fund.
The demurrers were for want of jurisdiction as against the Commonwealth, and for want of equity.
The first question is…
2Cases cited8 opinions
- Murdock Parlor Grate Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1890
- New England Dredging Co. v. Rockport Granite Co.Massachusetts Supreme Judicial Court · 1889
- Marston v. BigelowMassachusetts Supreme Judicial Court · 1889
- Milford v. CommonwealthMassachusetts Supreme Judicial Court · 1887
- Merchants & Traders' National Bank v. Mayor of New YorkNew York Court of Appeals · 1884
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3Cited by44 opinions
- Charles I. Hosmer, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1939
- McArthur Bro's v. CommonwealthMassachusetts Supreme Judicial Court · 1908
- George H. Sampson Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1909
- State Ex Rel. West Virginia Sand & Gravel Co. v. Royal Indemnity Co.West Virginia Supreme Court · 1925
- Dahlstrom Metallic Door Co. v. Evatt Construction Co.Massachusetts Supreme Judicial Court · 1926
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