New Haven & Northampton Co. v. Hayden
Massachusetts Supreme Judicial Court
Contract against Joel Hayden and seven others. Writ dated in May, 1869. The declaration contained two counts. The first count was as follows: “ And the plaintiffs say that the defendants made an agreement in writing, a copy whereof is hereto annexed, whereby said defendants agreed to secure the right of way for the plaintiffs for their railroad, free of expense to the plaintiffs, from the westerly side of the town farm in Northampton, o the western terminus of the road in…
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Contract against Joel Hayden and seven others. Writ dated in May, 1869. The declaration contained two counts. The first count was as follows: “ And the plaintiffs say that the defendants made an agreement in writing, a copy whereof is hereto annexed, whereby said defendants agreed to secure the right of way for the plaintiffs for their railroad, free of expense to the plaintiffs, from the westerly side of the town farm in Northampton, o the western terminus of the road in Williamsburg, for divers good and valuable considerations therein named, on the part of said plaintiffs, all of which have…
1Opinion of the CourtGray, C. J.
This is a joint contract, and was so declared upon in this action. One of the defendants having died intes.tate, the question now presented is whether the action can proceed against his administrators as well as against the surviving de» fendants.
*365At common law, in case of a joint contract, if one of the joint contractors died, an action at law could not be brought or prosecuted against his executor or administrator, but against the surviving contractors only; and if the contract was several, or joint and several, the executor or administrator of one could be sued in a separate action, but not…
2Cases cited3 opinions
- Sampson v. ShawMassachusetts Supreme Judicial Court · 1869
- Foster v. HooperMassachusetts Supreme Judicial Court · 1800
- Jenkins v. De GrootCourt for the Trial of Impeachments and Correction of Errors · 1804
3Cited by24 opinions
- von Arnim v. American Tube WorksMassachusetts Supreme Judicial Court · 1905
- Chisholm v. GilmerCourt of Appeals for the Fourth Circuit · 1936
- Forastiere v. Springfield Institution For SavingsMassachusetts Supreme Judicial Court · 1939
- Lee v. BlodgetMassachusetts Supreme Judicial Court · 1913
- Lovell v. Commonwealth Thread Co.Massachusetts Supreme Judicial Court · 1930
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