Eastern Railroad v. Benedict
Massachusetts Supreme Judicial Court
Action of contract upon the following written order, the consideration of which was iron furnished by the plaintiffs to Leonard Fuller, and which the defendants had promised to accept: “ Salem, Mass., 24th Sept. 1850. Messrs. Benedict & Warren, Gentlemen : Please give Mr. D. A. Neale, president of the Eastern Railroad Company, stock in the Salem Gas Company, at par, to the amount of seven thousand dollars, and place the same to my account.
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Action of contract upon the following written order, the consideration of which was iron furnished by the plaintiffs to Leonard Fuller, and which the defendants had promised to accept: “ Salem, Mass., 24th Sept. 1850. Messrs. Benedict & Warren, Gentlemen : Please give Mr. D. A. Neale, president of the Eastern Railroad Company, stock in the Salem Gas Company, at par, to the amount of seven thousand dollars, and place the same to my account. Yours respectfully, Leonard Fuller.” At the trial, the defendants objected that the action could not be maintained in the name of the plaintiffs, but only…
1Opinion of the CourtDewey, J.
The only ground of objection to maintaining the present action is, that the acceptance of this order by the defendants created a liability on the same solely in favor of D. A. Neale, and one that could be enforced only by an action in his name. This is said to result from the nature of the draft accepted by the defendants. It is said that the name of the plaintiffs does not appear on the face of the paper, as the payees thereof; and that no oral evidence can be properly admitted to show that they were the real party in interest, and that D. A, Neale was merely their agent, contracting in…
2Cases cited7 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Gilmore v. PopeMassachusetts Supreme Judicial Court · 1809
- Vermont Central Rail Road v. ClayesSupreme Court of Vermont · 1848
- Rutland & Burlington R. R. v. ColeSupreme Court of Vermont · 1851
- Hubbert v. BordenSupreme Court of Pennsylvania · 1841
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