Meserve v. Andrews
Massachusetts Supreme Judicial Court
Contract. After the decision reported 104 Mass. 360, the case was recommitted to the auditor, who made the following report, to which "he annexed an account computed as therein stated: “ The plaintiffs were pawnbrokers, and for several years were lessees of a shop numbered 108 on Sudbury Street in Boston; and the defendant, who was engaged in the gift-enterprise business, as it is called, with their permission occupied a part of the shop.
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Contract. After the decision reported 104 Mass. 360, the case was recommitted to the auditor, who made the following report, to which "he annexed an account computed as therein stated: “ The plaintiffs were pawnbrokers, and for several years were lessees of a shop numbered 108 on Sudbury Street in Boston; and the defendant, who was engaged in the gift-enterprise business, as it is called, with their permission occupied a part of the shop. For this occupation he settled and paid down to January 1, 1865. He continued to occupy to March 1, 1865, eight weeks and a half. For this he has not paid.…
1Opinion of the CourtWells, J.
This case, having been sent back for a more complete statement, (104 Mass. 360,) comes up again upon the amended report of the auditor as an agreed statement of facts.
1. As to the costs and expenses of the criminal prosecution commenced against the defendant for carrying on his business, which was subsequently determined in-his favor, the report now states: “ There was no' proof that the plaintiffs took any part in the defence, or were consulted about it, or undertook to be responsible for any part of the expenses. Nor did it appear in evidence that the criminal procedure arose or grew out of…
2Cases cited1 opinion
- Meserve v. AndrewsMassachusetts Supreme Judicial Court · 1870
3Cited by1 opinion
- Cuneo v. GianniniCalifornia Court of Appeal · 1919