Sanborn v. Dwinell
Massachusetts Supreme Judicial Court
Bill in equity, filed June 21, 1882, against James E. Dwinell, John 0. Mason, William P. Greeley, and John F. Annable. The defendants demurred to the bill for multifariousness by reason of the misjoinder of causes of action and of parties defendant. Hearing before 0. Allen, J., who sustained the demurrers, and reserved the case for the consideration of the full court. If the demurrers should be sustained, the plaintiff was to have leave to amend the bill.
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Bill in equity, filed June 21, 1882, against James E. Dwinell, John 0. Mason, William P. Greeley, and John F. Annable. The defendants demurred to the bill for multifariousness by reason of the misjoinder of causes of action and of parties defendant. Hearing before 0. Allen, J., who sustained the demurrers, and reserved the case for the consideration of the full court. If the demurrers should be sustained, the plaintiff was to have leave to amend the bill. The material allegations of the bill appear in the opinion.
1Opinion of the CourtMorton, C. J.
We are of opinion that this bill is multifarious. It embraces in the same suit several distinct matters and claims, and joins as defendants distinct parties, who have no common interest in the several distinct claims. Metcalf v. *237Cady, 8 Allen, 587. Pope v. Salamanca Oil & Refining Co. 115 Mass. 286.
From 1868 to 1874, the plaintiff was a member of the firm of J. S. Sanborn and Company, the other member being the firm of Dwinell and Company, composed of the defendants Dwinell, Mason and Greeley, and one Kimball. The plaintiff complains that this firm of Dwinell and Company defrauded the firm oí…
2Cases cited1 opinion
- Pope v. LeonardMassachusetts Supreme Judicial Court · 1874
3Cited by6 opinions
- Andrews v. Tuttle-Smith Co.Massachusetts Supreme Judicial Court · 1906
- Davis v. PeabodyMassachusetts Supreme Judicial Court · 1898
- Keith v. KeithMassachusetts Supreme Judicial Court · 1887
- Bertelmann v. LucasHawaii Supreme Court · 1924
- Sylvester v. BoydMassachusetts Supreme Judicial Court · 1896
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