Harrison v. Magoon

OPINION OF THE COURT BY

HARTWELL, J.

Tbis was an action of assumpsit for breach of agreement declared on in a former action brought by the plaintiff against Magoon, McStocker, Abies and Emerson, in which the declaration was held bad for non-joinder of the other parties to the-agreement, which appears in the report of the case. 13 Haw. 339. The plaintiff then joined the other parties and obtained a verdict which was set aside on exceptions on the ground that the court erroneously instructed the jury that the agreement was within the scope of the business of the articles of association of .the A.…