O'Callaghan v. Cronan
Massachusetts Supreme Judicial Court
Tort against Michael Cronan and John Cronan. The declaration was as follows. “ The plaintiff says that on or about August 4, 1870, by articles in writing, duly executed by both parties thereto, he formed a copartnership with John Cronan, one of the defendants, in the business of making clothing and buying and selling ready-made clothing, and by the terms of said articles said copartnership was to continue five years from its date aforesaid, and, at the time of the grievances…
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Tort against Michael Cronan and John Cronan. The declaration was as follows. “ The plaintiff says that on or about August 4, 1870, by articles in writing, duly executed by both parties thereto, he formed a copartnership with John Cronan, one of the defendants, in the business of making clothing and buying and selling ready-made clothing, and by the terms of said articles said copartnership was to continue five years from its date aforesaid, and, at the time of the grievances hereinafter set forth, the said copartnership had a long time, to' wit, the period of about two years, to run, and said…
1Opinion of the CourtGray, C. J.
The allegations of conspiracy, illegality, falsehood and malice will not support this action, unless either the purpose intended, or the means by which it was to be accomplished, is shown to be unlawful. Adler v. Fenton, 24 How. 407. Bowen v. Matheson, 14 Allen, 499. No such unlawfulness appears upon the face of this declaration. The purpose of compelling the plaintiff to withdraw from the firm was not in itself unlawful; and the means are not shown to be unlawful, for the plaintiff’s creditors, upon the allegations in the declaration, had a lawful right to attach his property and to petition…
2Cases cited1 opinion
- Adler v. FentonSupreme Court of the United States · 1861
3Cited by13 opinions
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Willett v. HerrickMassachusetts Supreme Judicial Court · 1927
- May v. WoodMassachusetts Supreme Judicial Court · 1898
- Beach & Clarridge Co. v. American Steam Gauge & Valve Manufacturing Co.Massachusetts Supreme Judicial Court · 1909
- Revere Water Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1906
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