Hatch v. Brooks
Massachusetts Supreme Judicial Court
The declaration was “ in a plea of the case for that whereas James Tisdale, of, &c., on the 8th day of January, A. D. 1798, drew his certain order or memorandum in writing of that date, directed to said Brooks, and therein and thereby requested him to pay to said Hatch and Clap, in proportion to their respective demands against him, said Tisdale, the balance that might ultimate!) be due to him, the said Tisdale, on his insurance account in the said Brooks’s office, when he,…
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The declaration was “ in a plea of the case for that whereas James Tisdale, of, &c., on the 8th day of January, A. D. 1798, drew his certain order or memorandum in writing of that date, directed to said Brooks, and therein and thereby requested him to pay to said Hatch and Clap, in proportion to their respective demands against him, said Tisdale, the balance that might ultimate!) be due to him, the said Tisdale, on his insurance account in the said Brooks’s office, when he, the said Brooks, should be in cash for the same; also any moneys which he, said Brooks, might afterwards receive on his,…
1Opinion of the Court
The opinion of the Court was delivered by
Sedgwick, J.
In this case, at the former argument, it was suggested by the Court to the parties, that this action was misconceived ; that, if the plaintiffs had merits, their actions ought to have been brought severally; and that a joint action could not be supported. To obviate this difficulty, it is now agreed that judgment may be rendered in this action, as if William dap had been the only original plaintiff, and had declared for his proportion of the money in the hands of the defendant.
By the agreemént of the parties, all objections to the form of…
2Cases cited1 opinion
- Tucker v. WelshMassachusetts Supreme Judicial Court · 1821
3Cited by2 opinions
- Crocker v. WhitneyMassachusetts Supreme Judicial Court · 1813
- Crease v. BabcockMassachusetts Supreme Judicial Court · 1846