Downing v. Coyne
Massachusetts Supreme Judicial Court
Contract on an account annexed against Patrick Coyne and Daniel Briscoe, as copartners. In the Municipal Court of the city of Boston, judgment was rendered for the defendant Briscoe, and for the plaintiff as against the defendant Coyne. Erom this judgment Coyne appealed to the Superior Court, and duly entered his appeal. Neither the plaintiff nor the defendant Briscoe entered an appeal, but Briscoe duly entered his appearance and filed his answer in the Superior Court.
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Contract on an account annexed against Patrick Coyne and Daniel Briscoe, as copartners. In the Municipal Court of the city of Boston, judgment was rendered for the defendant Briscoe, and for the plaintiff as against the defendant Coyne. Erom this judgment Coyne appealed to the Superior Court, and duly entered his appeal. Neither the plaintiff nor the defendant Briscoe entered an appeal, but Briscoe duly entered his appearance and filed his answer in the Superior Court. At the trial in the Superior Court, before Pitman, J., all the parties appeared. Coyne admitted that, as between him and the…
1Opinion of the Court
By the Court.
One defendant only having appealed from the judgment of the Municipal Court, the sole issue in the Superior Court was whether he was liable to the plaintiff, and, he admitting his own liability, the plaintiff was entitled to judgment against him, whether his liability was joint or several Gen. Sts. c. 133, § 5. Wiggin v. Lewis, 12 Cush. 486.
Judgment on the verdict.
2Cited by4 opinions
- Taft v. ChurchMassachusetts Supreme Judicial Court · 1895
- Vinal v. SpoffordMassachusetts Supreme Judicial Court · 1885
- Cameron v. KanrichMassachusetts Supreme Judicial Court · 1909
- Taft v. ChurchMassachusetts Supreme Judicial Court · 1895