H. G. Kilbourne Co. v. Standard Stamp Affixer Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on October 2, 1912, and amended, after demurrer, on November 8, 1912. The interlocutory decree allowing the amendment to the bill ordered that the defendant’s demurrer theretofore filed should apply to the bill as amended. The character of the bill is described in the opinion.
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Bill in equity, filed in the Supreme Judicial Court on October 2, 1912, and amended, after demurrer, on November 8, 1912. The interlocutory decree allowing the amendment to the bill ordered that the defendant’s demurrer theretofore filed should apply to the bill as amended. The character of the bill is described in the opinion. The case was heard upon the demurrer by Sheldon, J., who made a memorandum of decision, which included the following: “The principal question argued, and one that goes to the merits of the bill, is whether the plaintiff’s cause of action, as stated in the first…
1Opinion of the CourtRugg, C. J.
This is a suit to reach and apply property of the defendant in payment of an alleged debt in the nature of damages1 arising from the breach of a contract whereby thé defendant agreed to act as the sole selling agent for the plaintiff for its stamp affixing machines in a designated territory, with many subsidiary obligations and stipulations upon each party. The contract contains no clause liquidating the damages in the event of a breach and they are wholly undetermined. The pivotal question is whether the unascertained damages arising from the breach of an executory contraqt is a “debt”…
2Cases cited22 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- Lockhart v. Van AlstyneMichigan Supreme Court · 1875
- Montgomery v. LamptonCourt of Appeals of Kentucky · 1861
- Snyder v. SmithMassachusetts Supreme Judicial Court · 1904
- Wells v. WellsMassachusetts Supreme Judicial Court · 1911
17 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Bankr. L. Rep. P 72,501 in Re Rare Coin Galleries of America, Inc., Debtor. John J. Regan, Etc. v. Vinick & Young, Etc., International Surplus Lines Insurance Company, in Re Rare Coin Galleries of America, Inc., Debtor. John J. Regan, Etc. v. Vinick & Young, Etc., International Surplus Lines Insurance CompanyCourt of Appeals for the First Circuit · 1988
- Bethlehem Fabricators, Inc. v. H. D. Watts Co.Massachusetts Supreme Judicial Court · 1934
- In Re MillerUnited States Bankruptcy Court, D. Massachusetts · 1990
- Norwood Morris Plan Co. v. McCarthyMassachusetts Supreme Judicial Court · 1936
- Bressler v. AverbuckMassachusetts Supreme Judicial Court · 1947
33 more not listed; retrieve them via the Exa API.