Legal Opinion

Craig v. Warner

Massachusetts Supreme Judicial Court

Decided January 9, 1914PublishedCited by 6 opinions

Bill in equity, filed in the Superior Court on June, 7,1911, by Thomas Craig of Liverpool in the United Kingdom of Great Britain and Ireland, doing business under the name of Thomas Craig and Company, against two citizens of this Commonwealth doing business as copartners under the firm name of S. S. Vinal and Company, for an accounting between the plaintiff and the defendants as to an alleged joint enterprise and the recovery of a balance alleged to be due to the plaintiff…

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Bill in equity, filed in the Superior Court on June, 7,1911, by Thomas Craig of Liverpool in the United Kingdom of Great Britain and Ireland, doing business under the name of Thomas Craig and Company, against two citizens of this Commonwealth doing business as copartners under the firm name of S. S. Vinal and Company, for an accounting between the plaintiff and the defendants as to an alleged joint enterprise and the recovery of a balance alleged to be due to the plaintiff for advances made and expenses incurred on account of such enterprise. The case was referred to James P. Parmenter,…

1Opinion of the CourtBraley, J.

If the docket entry on the exceptions to the master’s report of “Overruled” and nothing more is to be deemed an interlocutory decree, which we do not decide, the defendants did not appeal, but waited until entry of the final decree, which merely recites that the exceptions have been duly overruled, and the report confirmed. The final decree is not erroneously affected by the orders recited, and the only question before this court on appeal is, whether it is in accordance with the pleadings and the report. R. L. c. 159, § 26.

The master’s findings would be decisive, even if his general…

2Cases cited5 opinions

  1. McMurtrie v. GuilerMassachusetts Supreme Judicial Court · 1903
  2. Feigenspan v. McDonnellMassachusetts Supreme Judicial Court · 1909
  3. Taber v. BreckMassachusetts Supreme Judicial Court · 1906
  4. Crosier v. KelloggMassachusetts Supreme Judicial Court · 1911
  5. Hughes v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1911

3Cited by6 opinions

  1. MacLeod v. DavisMassachusetts Supreme Judicial Court · 1935
  2. Irving & Casson v. HowlettMassachusetts Supreme Judicial Court · 1918
  3. Nichols v. KimballMassachusetts Supreme Judicial Court · 1930
  4. Ananian v. MelkonMassachusetts Supreme Judicial Court · 1918
  5. Davoren v. NolanMassachusetts Supreme Judicial Court · 1923

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