Maguire v. Reough
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on May 6, 1918, and afterwards amended, against two defendants who were alleged to be “ co-partners in a voluntary association under the name and style of United Brotherhood of Carpenters and Joiners of America, having an usual place of business in said Lawrence,” to recover a death benefit, the plaintiff alleging “that all the co-partners in said voluntary association . . . are too numerous for all to be named parties to the…
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Bill in equity, filed in the Superior Court on May 6, 1918, and afterwards amended, against two defendants who were alleged to be “ co-partners in a voluntary association under the name and style of United Brotherhood of Carpenters and Joiners of America, having an usual place of business in said Lawrence,” to recover a death benefit, the plaintiff alleging “that all the co-partners in said voluntary association . . . are too numerous for all to be named parties to the present suit,” and that “this action has been brought against the, defendants as representing all the individual members of…
1Opinion of the CourtDe Courcy, J.
This suit was brought to recover a death benefit alleged to be due from a voluntary association known as the United Brotherhood of Carpenters and Joiners of America. The two defendants (one of whom has died since the suit was begun) are sued as copartners in said association.
The trial judge sustained the demurrer on the ground that the action should have been at law; and ordered that the bill be dismissed. The case is here on the plaintiff’s appeal.
As a general rule, whenever a court of law is competent to take cognizance of a right, and has power to proceed to a judgment which affords a…
2Cases cited11 opinions
- Hale v. AllinsonSupreme Court of the United States · 1903
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Boise Artesian Hot & Cold Water Co. v. Boise CitySupreme Court of the United States · 1909
- Pickett v. WalshMassachusetts Supreme Judicial Court · 1906
- Jones v. NewhallMassachusetts Supreme Judicial Court · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Spear v. H. V. Greene Co.Massachusetts Supreme Judicial Court · 1923
- Malloy v. CarrollMassachusetts Supreme Judicial Court · 1934
- Harker v. McKissockSupreme Court of New Jersey · 1953
- Donahue v. KenneyMassachusetts Supreme Judicial Court · 1951
- Powers v. HeggieMassachusetts Supreme Judicial Court · 1929
14 more not listed; retrieve them via the Exa API.