McCarthy v. Swan
Massachusetts Supreme Judicial Court
Contract. Writ dated May 21, 1883, and returnable to the Superior Court. The declaration contained four counts, and alleged, in substance, that one William Sullivan made a contract with the city of Somerville to build a sewer in said city; that Sullivan became indebted to the plaintiffs, and assigned to them his claim against the city for building the sewer; that Sullivan also became indebted to the defendant, and assigned the same claim to him, said assignment being made…
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Contract. Writ dated May 21, 1883, and returnable to the Superior Court. The declaration contained four counts, and alleged, in substance, that one William Sullivan made a contract with the city of Somerville to build a sewer in said city; that Sullivan became indebted to the plaintiffs, and assigned to them his claim against the city for building the sewer; that Sullivan also became indebted to the defendant, and assigned the same claim to him, said assignment being made after the assignment to the plaintiffs; that the plaintiffs agreed that the defendant’s claim and assignment should have…
1Opinion of the CourtC. Allen, J.
1. The agreement of reference did not have the effect to discontinue the plaintiffs’ action. It was not intended to take effect as a submission in pais; but as a reference in court. It is entitled as an agreement in the action which was pending between the plaintiffs and the defendant in the Superior Court. It is stated to be a submission “ in the above entitled action.” The referee was to “ report to said court.” Final judgment was to be entered in this action, upon the coming in of the referee’s report. The whole phraseology of, the agreement contemplated a reference as a step in the…
2Cases cited2 opinions
- Haskell v. WhitneyMassachusetts Supreme Judicial Court · 1815
- Commonwealth v. Pejepscut ProprietorsMassachusetts Supreme Judicial Court · 1811
3Cited by4 opinions
- Hoste v. DaltonMichigan Supreme Court · 1904
- Gregory v. Boston Safe-Deposit & Trust Co.U.S. Circuit Court for the District of Massachusetts · 1888
- Nelson v. ReinhartNevada Supreme Court · 1917
- Runyon v. RutherfordWest Virginia Supreme Court · 1904