Silver v. Jordan
Massachusetts Supreme Judicial Court
Contract, by Harvey Silver and Zeba Gay, against Eben D. Jordan and Charles Marsh, copartners under the firm name of Jordan, Marsh, and Company, and Isaac Hayden, upon an account annexed, to recover $7280.87, principally for making articles of machinery for the defendants. Writ dated December 23, 1867. At October term, 1882, the plaintiffs, of their own motion, discontinued as to Hayden, and the suit proceeded against Jordan and Marsh alone.
Read the full summary
Contract, by Harvey Silver and Zeba Gay, against Eben D. Jordan and Charles Marsh, copartners under the firm name of Jordan, Marsh, and Company, and Isaac Hayden, upon an account annexed, to recover $7280.87, principally for making articles of machinery for the defendants. Writ dated December 23, 1867. At October term, 1882, the plaintiffs, of their own motion, discontinued as to Hayden, and the suit proceeded against Jordan and Marsh alone. At the trial in the Superior Court, Colburn, J., ruled that the action could not be maintained, because it appeared that the goods were furnished upon…
1Opinion of the CourtC. Allen, J.
Although the statute authorizing amendments is very liberal, there is a certain limitation to the power of the *282court, namely, that an amendment sought for by a plaintiff must be one “ which may enable the plaintiff to sustain the action for the cause for which it was intended to be brought.” Pub. Sts. c. 167, § 42. Accordingly, in a case where an action was brought on a promissory note by an indorsee thereof, and the note was not negotiable, an amendment was allowed striking out the name of the existing plaintiff and substituting that of the payee. Costelo v. Crowell, 134 Mass. 280. But an…
2Cases cited1 opinion
- Costelo v. CrowellMassachusetts Supreme Judicial Court · 1883
3Cited by8 opinions
- Clark v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
- Bengar v. Clark Equipment Co.Massachusetts Supreme Judicial Court · 1988
- Shapiro v. McCarthyMassachusetts Supreme Judicial Court · 1932
- Johnson v. CarrollMassachusetts Supreme Judicial Court · 1930
- Herlihy v. LittleMassachusetts Supreme Judicial Court · 1908
3 more not listed; retrieve them via the Exa API.