Somers v. Keliher
Massachusetts Supreme Judicial Court
Scire facias by the members of the firm of William Somers & Co., upon a judgment recovered by them against the defendant in a trustee process, in which he was summoned as trustee of John Shaughnessy. At the trial in the Superior Court, before Putnam, J., without a jury, the defendant admitted that the sum of $1000 was due from him to Shaughnessy, and the issue was as to the right of John Lally to this sum.
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Scire facias by the members of the firm of William Somers & Co., upon a judgment recovered by them against the defendant in a trustee process, in which he was summoned as trustee of John Shaughnessy. At the trial in the Superior Court, before Putnam, J., without a jury, the defendant admitted that the sum of $1000 was due from him to Shaughnessy, and the issue was as to the right of John Lally to this sum. The following facts appeared in evidence : Shaughnessy (by a contract dated July 1,1871) agreed with the defendant “ to furnish all the materials and do all the carpenter work ” on a house…
1Opinion of the CourtAmes, J.
It was decided in Jenks v. Dyer, 102 Mass. 235, that the word “ earnings,” as used in the St. of 1865, c. 43, § 2, has a more extensive signification than the word “ wages.” The statute applies to the compensation for services; a term which involves more than the mere labor of the person by whom they are rendered, and may include expenditures as well as labor. What the principal defendant in the original suit undertook to do under his contract was, not to sell certain lumber and other building materials to Keliher, and to perform certain labor upon them, but to render the specific service of…
2Cases cited1 opinion
- Jenks v. DyerMassachusetts Supreme Judicial Court · 1869
3Cited by13 opinions
- Kendall v. KingsleyMassachusetts Supreme Judicial Court · 1876
- Meyer v. LivesleyOregon Supreme Court · 1910
- Chester v. McDonaldMassachusetts Supreme Judicial Court · 1904
- Allen v. MayersMassachusetts Supreme Judicial Court · 1904
- Tracy v. WatersMassachusetts Supreme Judicial Court · 1895
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