Commonwealth v. National Contracting Co.
Massachusetts Supreme Judicial Court
Contract upon a- bond in the sum of $50,000 conditioned upon the performance by the defendant National Contracting Company of a certain contract, the other defendant, the National Surety Company, being the surety on the bond. Writ dated December 8, 1908. The case was tried before DeQourcy, J., who, after submitting a question to the jury and receiving their answer, ordered a verdict for the plaintiff.
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Contract upon a- bond in the sum of $50,000 conditioned upon the performance by the defendant National Contracting Company of a certain contract, the other defendant, the National Surety Company, being the surety on the bond. Writ dated December 8, 1908. The case was tried before DeQourcy, J., who, after submitting a question to the jury and receiving their answer, ordered a verdict for the plaintiff. The defendants alleged exceptions, which were sustained by this court in a decision reported in 198 Mass. 554. After that decision and the issuing of the rescript in accordanee therewith, the…
1Opinion of the CourtKnowlton, C. J.
In this case the judge of the Superior Court allowed the plaintiff’s motion to amend the declaration by adding four new counts, and reported to this court the question whether the amendment was rightly allowed.
It is difficult to discover any question of law upon the record. As this is an action at common law, neither party can bring to this court for revision, either by exception or upon a report of the judge, any question which is not strictly a question of law. This court has no jurisdiction in such a case to change a decision'of the lower court upon a question of fact. Questions of…
2Cases cited6 opinions
- McLaughlin v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1904
- Churchill v. PalmerMassachusetts Supreme Judicial Court · 1874
- Stewart v. ThayerMassachusetts Supreme Judicial Court · 1898
- Golding v. BrennanMassachusetts Supreme Judicial Court · 1903
- Frost v. CourtisMassachusetts Supreme Judicial Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Atlantic Maritime Co. v. City of GloucesterMassachusetts Supreme Judicial Court · 1917
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
- Jones v. Town of WaylandMassachusetts Supreme Judicial Court · 1980
- Daddario v. City of GloucesterMassachusetts Supreme Judicial Court · 1952
- Mullen v. Board of Sewer Commissioners of MiltonMassachusetts Supreme Judicial Court · 1932
9 more not listed; retrieve them via the Exa API.