Legal Opinion

Barry v. New York Holding & Construction Co.

Massachusetts Supreme Judicial Court

Decided January 23, 1917PublishedCited by 19 opinions

Contract, begun by trustee process, for alleged breach of an agreement to employ the plaintiff. Writ dated November 22, 1913. The case was referred to an auditor and by agreement of the parties his findings of fact were treated as final.

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Contract, begun by trustee process, for alleged breach of an agreement to employ the plaintiff. Writ dated November 22, 1913. The case was referred to an auditor and by agreement of the parties his findings of fact were treated as final. The material facts found by the auditor, the circumstances under which the trustee in bankruptcy of the defendant became a party, proceedings at a hearing before Wait, J., of motions by the plaintiff as to the vacation of a judgment entered in his favor and as to the charging of the trustees summoned by the trustee process, and the exceptions of the…

1Opinion of the CourtLoring, J.

This case comes before us on exceptions taken by the trustee in bankruptcy of the defendant corporation. Exceptions were also taken by the defendant. They add nothing to those taken by the trustee and if the trustee’s exceptions are not good it is plain that the defendant’s are not.

The facts out of which these exceptions grew are as follows: In November, 1913, the plaintiff brought an action of contract for breach of an agreement dated September 22, 1913, by which the defendant employed the plaintiff as its agent for the term of one year then next ensuing. The case was sent to an auditor and…

2Cases cited10 opinions

  1. John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
  2. Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
  3. Gagnon v. Sperry & Hutchinson Co.Massachusetts Supreme Judicial Court · 1910
  4. Speirs v. Union Drop Forge Co.Massachusetts Supreme Judicial Court · 1901
  5. Jarvis v. MitchellMassachusetts Supreme Judicial Court · 1868

5 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Rollins v. Bay View Auto Parts Co.Massachusetts Supreme Judicial Court · 1921
  2. Maker v. BouthierMassachusetts Supreme Judicial Court · 1922
  3. Graves v. School CommitteeMassachusetts Supreme Judicial Court · 1937
  4. Lee v. FowlerMassachusetts Supreme Judicial Court · 1928
  5. Eastern Massachusetts Street Railway Co. v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1929

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