Carew v. Rutherford
Massachusetts Supreme Judicial Court
Contract against Alexander Rutherford, Joseph Wagner, Edward Shea, William Cooney, and the “ Journeymen Freestone Cutters’ Association of Boston and vicinity, an unincorporated association composed of the defendants personally named and other persons to the plaintiff unknown,” to recover back $500 as money had and received by the defendants to the plaintiff’s use; with the following alternative count in tort: “ And the plaintiff says he was carrying on the business of…
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Contract against Alexander Rutherford, Joseph Wagner, Edward Shea, William Cooney, and the “ Journeymen Freestone Cutters’ Association of Boston and vicinity, an unincorporated association composed of the defendants personally named and other persons to the plaintiff unknown,” to recover back $500 as money had and received by the defendants to the plaintiff’s use; with the following alternative count in tort: “ And the plaintiff says he was carrying on the business of cutting freestone in said Boston, and employed a great many workmen, and had entered into contracts with builders to furnish…
1Opinion of the CourtChapman, C. J.
The declaration contains a count in tort,
and a count for money had and received. The count in tort alleges, in substance, that the plaintiff was engaged in carrying on the business of cutting freestone in Boston, and employed a great many workmen, and had entered into a contract with builders to furnish them with such stone in large quantities; and the defendants, conspiring and confederating together to oppress and extort money from him, and pretending that he had allowed some of said builders, with whom he had made contracts, to withdraw from his shop a part of the work he had contracted to…
2Cases cited3 opinions
- Maxwell v. GriswoldSupreme Court of the United States · 1851
- Cobb v. CharterSupreme Court of Connecticut · 1865
- Sartwell v. HortonSupreme Court of Vermont · 1856
3Cited by129 opinions
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- Doremus v. HennessyIllinois Supreme Court · 1898
- Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
- O'Brien v. People ex rel. Kellogg Switchboard & Supply Co.Illinois Supreme Court · 1905
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
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