Colt v. Learned
Massachusetts Supreme Judicial Court
Contract in two counts, under the Gen. Sts. c. 129, § 4, by the executors of William Pollock against Edward Learned and Theodore Pomeroy.
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Contract in two counts, under the Gen. Sts. c. 129, § 4, by the executors of William Pollock against Edward Learned and Theodore Pomeroy. The first count of the declaration was as follows: “ And the plaintiffs say that they are the executors of the last will of William Pollock, late of Pittsfield, in said county, deceased, and that in his lifetime the said Pollock loaned to the Niwat Mining Company, upon the twenty-fifth day of July, A. D. 1865, fifteen thousand dollars, to be repaid to said Pollock in three months from that date, and in consideration that said Pollock would make said loan,…
1Opinion of the CourtMorton, C. J.
It was decided in Colt v. Learned, 118 Mass. 380, that the written contract upon which this suit is brought *411did not create a joint liability of the several signers, but that each was severally liable for $5000.
After that decision, the plaintiff brought this suit, under the Gen. Sts. c. 129, § 4, containing two counts, one against each defendant counting on his several contract. One of the defendants, Theodore Pomeroy, has died since the suit was commenced; and the question presented by this bill of exceptions is whether his executors can be summoned in to defend the action.
The statutes…
2Cases cited2 opinions
- New Haven & Northampton Co. v. HaydenMassachusetts Supreme Judicial Court · 1876
- Colt v. LearnedMassachusetts Supreme Judicial Court · 1875
3Cited by8 opinions
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
- Bateman v. WoodMassachusetts Supreme Judicial Court · 1937
- Parkway, Inc. v. United States Fire InsuranceMassachusetts Supreme Judicial Court · 1943
- Lee v. BlodgetMassachusetts Supreme Judicial Court · 1913
- Finance Corp. v. ParkerMassachusetts Supreme Judicial Court · 1925
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