Russia Cement Co. v. Le Page Co.
Massachusetts Supreme Judicial Court
Two actions OF CONTRACT, upon two bonds executed by the first named defendant as principal and by the other defendants as sureties. In each case the plaintiff demurred to the answer.
Read the full summary
Two actions OF CONTRACT, upon two bonds executed by the first named defendant as principal and by the other defendants as sureties. In each case the plaintiff demurred to the answer. The cases were heard together in this court, before Allen, J., who, in each case, ruled that the answer did not set up any sufficient defence, sustained the demurrer, and, the defendants not wishing to amend the answer, found for the plaintiff in the penal sum of the bond; and the defendants alleged exceptions. The facts material to the point decided appear in the opinion. The case was argued at the bar in…
1Opinion of the CourtHolmes, J.
These are actions on two bonds given to dissolve an attachment in an action for infringing a toademark brought in the United States Circuit Court for this Circuit. The cases are here on demurrer to an answer which sets up a number of defences and raises as many interesting questions, all of which were discussed at the bar, but of which we shall consider only one, as in our opinion that disposes of the cases. After the first bond was given the action passed to judgment on February 13, 1892; but this judgment afterwards was reversed on a writ of error by the United States Circuit Court of…
2Cases cited5 opinions
- Clap v. BellMassachusetts Supreme Judicial Court · 1808
- Swett v. SullivanMassachusetts Supreme Judicial Court · 1811
- Otis v. WarrenMassachusetts Supreme Judicial Court · 1819
- Dresser v. CutterMassachusetts Supreme Judicial Court · 1894
- Bingham v. PepoonMassachusetts Supreme Judicial Court · 1812
3Cited by4 opinions
- Viano v. BaccigalupoMassachusetts Supreme Judicial Court · 1903
- Bradbury v. JacksonSupreme Judicial Court of Maine · 1903
- Russia Cement Co. v. Le Page Co.Massachusetts Supreme Judicial Court · 1899
- Laplante v. MorelloMassachusetts District Court, Appellate Division · 1936