Staples v. City of Somerville
Massachusetts Supreme Judicial Court
Bill nr equity, filed March 8, 1898, by William H. Staples of Lowell, against the city of Somerville, Edward F. Staples, William A. Sanborn, John Harrington, William J. McCarthy, T. Fred Berry, and E. Rhodes Ferguson, to compel the first named defendant to pay the balance alleged to be due under a contract for the erection of a schoolhouse, to determine how much, if any, of such fund is due to the defendant Harrington, and to restrain the individual defendants from…
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Bill nr equity, filed March 8, 1898, by William H. Staples of Lowell, against the city of Somerville, Edward F. Staples, William A. Sanborn, John Harrington, William J. McCarthy, T. Fred Berry, and E. Rhodes Ferguson, to compel the first named defendant to pay the balance alleged to be due under a contract for the erection of a schoolhouse, to determine how much, if any, of such fund is due to the defendant Harrington, and to restrain the individual defendants from prosecuting certain actions at law. The bill alleged that the defendant Staples, on October 3, 1896, made a contract to erect a…
1Opinion of the CourtKnowlton, J.
The principal question in this case is whether the equitable ownership of the money afterwards earned under the contract passed to the defendant by the assignment from his son Edward F. Staples, and by such recognition of the assignment and of his action under it as appears in the facts before us. The "contract was to erect a schoolhouse for the city of Somerville. The American Surety Company was a surety for Edward F. Staples upon a bond for the faithful performance of the contract, and the plaintiff gave a bond to the American Surety Company to indemnify it against loss from its undertaking…
2Cases cited4 opinions
- James v. City of NewtonMassachusetts Supreme Judicial Court · 1886
- Richardson v. WhiteMassachusetts Supreme Judicial Court · 1896
- Lessard v. Inhabitants of RevereMassachusetts Supreme Judicial Court · 1898
- Pike v. City of WalthamMassachusetts Supreme Judicial Court · 1897
3Cited by17 opinions
- Fox-Greenwald Sheet Metal Co., Inc. v. Markowitz Bros., Inc., Continental Casualty Co., Blake Construction Co., Inc., United States of AmericaCourt of Appeals for the D.C. Circuit · 1971
- King v. PortlandOregon Supreme Court · 1900
- Russo v. Charles I. Hosmer, Inc.Massachusetts Supreme Judicial Court · 1942
- Harlow v. Oregonian Pub. Co.Oregon Supreme Court · 1909
- McLaughlin v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1963
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