Banewur v. Levenson
Massachusetts Supreme Judicial Court
Contract, for breach of an agreement to extinguish the plaintiffs’ debts and to relieve their goods from attachment, and tort for the conversion of certain articles belonging to the plaintiffs’ stock in trade.
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Contract, for breach of an agreement to extinguish the plaintiffs’ debts and to relieve their goods from attachment, and tort for the conversion of certain articles belonging to the plaintiffs’ stock in trade. Writ dated June 19,1894. The declaration annexed to the defendant’s bill of exceptions was substituted for the original declaration, and alleged that prior to November, 1892, the plaintiffs, Solomon Banewur and Aaron Waterman, were copartners in the clothing business, having a stock in trade of the value of $4,000; that they were then indebted to the amount of about $2,200, and that…
1Opinion of the CourtBarker, J.
The exceptions relating to the count in tort are now immaterial. The verdict is upon a count in contract not set out in the bill of exceptions, but a copy of which is with the record transmitted to the Chief Justice. The defendant contends that the case should not have been left to the jury, and that the instructions given as to the different defences and as to the measure of damages were wrong.
The case seems to have been submitted to the jury by the presiding justice, with the assent of both parties, upon issues not strictly defined by the pleadings, and we consider the questions raised as…
2Cases cited3 opinions
- Loudon v. Taxing DistrictSupreme Court of the United States · 1882
- Insurance Co. v. PiaggioSupreme Court of the United States · 1873
- Dodd v. JonesMassachusetts Supreme Judicial Court · 1884
3Cited by6 opinions
- Union Mutual Life Insurance Company v. Chrysler Corporation, Union Mutual Life Insurance Company v. Chrysler Corporation, Appeal of Computer Systems of America, Inc., Union Mutual Life Insurance Company v. Chrysler CorporationCourt of Appeals for the First Circuit · 1986
- Union Mutual Life Insurance v. Chrysler Corp.Court of Appeals for the First Circuit · 1986
- Hedden v. SchneblinMissouri Court of Appeals · 1907
- Richardson Shoe Machinery Co. v. Essex Machine Co.Massachusetts Supreme Judicial Court · 1911
- Cowen Co. v. Houck Mfg. Co.Court of Appeals for the Second Circuit · 1918
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