Terry v. Brightman
Massachusetts Supreme Judicial Court
Contract against James M. Brightman and William H. Clay, to recover $2400 for the charter of the steamer Border City. After the former decision, reported 129 Mass. 535, the case was tried in the Superior Court without a jury, before Allen, J., who reported the case for the determination of this court in substance as follows: The plaintiff was the agent of the owners of said steamer; and, on September 6, 1877, as such agent, entered into an indenture with the defendants for…
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Contract against James M. Brightman and William H. Clay, to recover $2400 for the charter of the steamer Border City. After the former decision, reported 129 Mass. 535, the case was tried in the Superior Court without a jury, before Allen, J., who reported the case for the determination of this court in substance as follows: The plaintiff was the agent of the owners of said steamer; and, on September 6, 1877, as such agent, entered into an indenture with the defendants for the chartering of said steamer, a copy of which is printed in the margin.* At the time of the making of this indenture,…
1Opinion of the CourtField, J.
If neither Terry nor Brightman were a part-owner of the steamer, Terry could not maintain an action at law on the agreement, because the covenants are not with him, or, if the seals are disregarded, the promise is not to him; the agreement is between the owners of the steamer of the first part, and Clay and Brightman of the second part, and does not purport to be between Terry as one contracting party, and Clay and Brightman as the other. Chesterfield Colliery Co. v. Hawkins, 3 H. & C. 677, 692. Rogers v. Union Stone Co. 130 Mass. 581. Exchange Bank v. Rice, 107 Mass. 37. Fairlie v. Fenton,…
2Cases cited2 opinions
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Rogers v. Union Stone Co.Massachusetts Supreme Judicial Court · 1881
3Cited by6 opinions
- Stern v. LiebermanMassachusetts Supreme Judicial Court · 1940
- Buffington v. McNallyMassachusetts Supreme Judicial Court · 1906
- Fowle v. TorreyMassachusetts Supreme Judicial Court · 1883
- Cummington Realty Associates v. WhittenMassachusetts Supreme Judicial Court · 1921
- Nickerson v. SpindellMassachusetts Supreme Judicial Court · 1895
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