Cote v. New England Navigation Co.
Massachusetts Supreme Judicial Court
Contract for $62 as stated in the opinion. Writ in the Second District Court of Bristol dated June 19, 1911. On appeal to the Superior Court the case was tried before Fox, J., without a jury. The judge found for the plaintiff in the sum of $65.72; and the defendant alleged exceptions to the admission of the evidence which is described in the opinion.
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Contract for $62 as stated in the opinion. Writ in the Second District Court of Bristol dated June 19, 1911. On appeal to the Superior Court the case was tried before Fox, J., without a jury. The judge found for the plaintiff in the sum of $65.72; and the defendant alleged exceptions to the admission of the evidence which is described in the opinion. It was stated in the bill of exceptions that the defendant waived all questions except those relating to the defense that the plaintiff had recovered judgment, which had been satisfied, in an action against the New York, New Haven, and Hartford…
1Opinion of the CourtRttgg, C. J.
This is an action of contract. The declaration alleges that the defendant as a common carrier received a log of veneer of the value of $62 shipped to the plaintiff, which it failed to deliver. The only defense now material is that the plaintiff had sued the New York, New Haven, and Hartford Railroad Company for the same cause of action, wherein the plaintiff recovered judgment which had been satisfied. The defendant admitted that it transported the veneer. It was undisputed that previous to the present action the plaintiff had brought an action against the New York, New Haven, and Hartford…
2Cases cited17 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Virginia-Carolina Chemical Co. v. KirvenSupreme Court of the United States · 1909
- Corey v. HavenerMassachusetts Supreme Judicial Court · 1902
- New York Bank Note Co. v. Kidder Press Manufacturing Co.Massachusetts Supreme Judicial Court · 1906
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3Cited by24 opinions
- Franklin v. North Weymouth Cooperative BankMassachusetts Supreme Judicial Court · 1933
- Boston & Maine Railroad v. T. Stuart & Son Co.Massachusetts Supreme Judicial Court · 1920
- Savage v. WelchMassachusetts Supreme Judicial Court · 1923
- Coyle v. Taunton Safe Deposit & Trust Co.Massachusetts Supreme Judicial Court · 1913
- Magaw v. BealsMassachusetts Supreme Judicial Court · 1930
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