Simonds v.Center
Massachusetts Supreme Judicial Court
The plaintiff", holding a note, by which the defendant, Center, and six others, jointly and severally promised to pay him 800 dollars, had sued all the promisors, at the same term of the Common Pleas, as on several promises, and had recovered judgment against each for his damages ; and costs had also been taxed for him against one of the * promisors other than Center, [19*] and he moved for costs also in this action, which the court below refused to allow, alleging on the…
Read the full summary
The plaintiff", holding a note, by which the defendant, Center, and six others, jointly and severally promised to pay him 800 dollars, had sued all the promisors, at the same term of the Common Pleas, as on several promises, and had recovered judgment against each for his damages ; and costs had also been taxed for him against one of the * promisors other than Center, [19*] and he moved for costs also in this action, which the court below refused to allow, alleging on the record, as a reason for their refusal, that it appeared to them that the several actions might have been joined in one.…
1Opinion of the Court
Parsons. C. J.
We are, on consideration, satisfied that the *16Common Pleas erred in refusing to tax costs for the plaintiff in this action. To a case of this sort the provision of the statute is not applicable, but to cases only where the same .plaintiff had at the same term sued the same defendant in several actions on demands which might have been joined in one action.
By this note the plaintiff had a joint demand against all the promisors, and he also had a several demand against each of them. He could not in one action join the several demands; if he sued in one action all the promisors, he…
2Cited by7 opinions
- Kissire v. Plunkett-Jarrell Grocer Co.Supreme Court of Arkansas · 1912
- McReady v. RogersNebraska Supreme Court · 1871
- Schillinger v. LearySupreme Court of Alabama · 1917
- Vanuxem v. BurrMassachusetts Supreme Judicial Court · 1890
- Savage v. StevensMassachusetts Supreme Judicial Court · 1880
2 more not listed; retrieve them via the Exa API.