Legal Opinion

Nash v. McCathern

Massachusetts Supreme Judicial Court

Decided May 22, 1903PublishedCited by 13 opinions

Bill in equity, filed April 28, 1902, to restrain the defendant Watson, assignee of the defendant McCathern, from further prosecution of an action at law for an alleged balance, with a prayer for an accounting. The case was heard by Bell, J. He made the findings stated by the court, and made a decree that an injunction be denied and that the bill be dismissed with costs. The plaintiff appealed.

1Opinion of the CourtMorton, J.

This is a bill in equity to restrain the defendant Watson from prosecuting an action at law brought by him against the plaintiff and pending in the Superior Court for Essex, and for an accounting and a determination of the rights of the various parties to the bill. There was a decree dismissing the bill with costs and the plaintiff appealed. The substance of the bill is that one Moore contracted with the defendant McCathern to build for him two hotels in Brookline according *346tó certain plans and specifications; that McCathern became financially embarrassed and Moore assisted him and also…

2Cases cited3 opinions

  1. Smith v. McIverSupreme Court of the United States · 1824
  2. Post v. KimberlyCourt for the Trial of Impeachments and Correction of Errors · 1812
  3. Mitchell v. Great Works Milling & Manuf'g Co.U.S. Circuit Court for the District of Maine · 1843

3Cited by13 opinions

  1. Biermann v. Guaranty Mutual Life InsuranceSupreme Court of Iowa · 1909
  2. Hooker v. PorterMassachusetts Supreme Judicial Court · 1930
  3. Parkway, Inc. v. United States Fire InsuranceMassachusetts Supreme Judicial Court · 1943
  4. Lynch v. SchemmelSupreme Court of Iowa · 1916
  5. Northern Life Insurance v. WalkerWashington Supreme Court · 1923

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