Lynn Safe Deposit & Trust Co. v. Andrews
Massachusetts Supreme Judicial Court
Contract on a guaranty in writing of a note of one Edward P. Tuttle for $18,000, Tuttle having made default thereon and the collateral .security given by him having become worthless.. Writ dated July 11, 1899. The pleadings, ending in a demurrer to the amended declaration, are described by the court. In the Superior Court, the trial, before Sherman, J., took the course stated by the court.
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Contract on a guaranty in writing of a note of one Edward P. Tuttle for $18,000, Tuttle having made default thereon and the collateral .security given by him having become worthless.. Writ dated July 11, 1899. The pleadings, ending in a demurrer to the amended declaration, are described by the court. In the Superior Court, the trial, before Sherman, J., took the course stated by the court. The material portion of the agreement of guaranty was as follows: “ In consideration of one dollar, and other good and valuable considerations, to me paid by the Lynn Safe Deposit and Trust Company, the…
1Opinion of the CourtHammond, J.
1. As to the demurrer. The original declaration contained one count. To that a general answer was filed. After that the declaration was amended by the addition of a *532second count and the defendant then demurred. Such a demurrer must be restricted in its application to the added count or to some impropriety in joining the two counts in the same declaration. There is no such inconsistency between the two counts as to afford grounds for demurrer. The plaintiff may properly state its case in different ways so as to meet each of the various aspects in which the evidence at the trial may possibly…
2Cases cited6 opinions
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- Bascom v. SmithMassachusetts Supreme Judicial Court · 1895
- Lennox v. MurphyMassachusetts Supreme Judicial Court · 1898
- Bassett v. RogersMassachusetts Supreme Judicial Court · 1894
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3Cited by15 opinions
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