Lee v. Blodget
Massachusetts Supreme Judicial Court
Contract against eight defendants, of whom three were the executors of the will of Stephen Salisbury, for services alleged to have been rendered to the first five defendants and Stephen Salisbury in connection with the organization of a corporation known as the Worcester Cold Storage and Warehouse Company.
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Contract against eight defendants, of whom three were the executors of the will of Stephen Salisbury, for services alleged to have been rendered to the first five defendants and Stephen Salisbury in connection with the organization of a corporation known as the Worcester Cold Storage and Warehouse Company. Writ dated March 1, 1907. In the Superior Court the case was tried before Brown, J. It appeared that the contract under which the .services of the plaintiff were performed was as follows: “Subscription Form. “Whereas it is proposed to organize a company for the purpose of transacting a cold…
1Opinion of the CourtBraley, J.
The contract declared on is the joint undertaking of the subscribers to pay the plaintiff for his services in organizing the corporation, and under the answers each of which contains a general denial, he was required to prove the promise as alleged. Bartlett v. Robbins, 5 Met. 184. Wood v. Farmer, 200 Mass. 209. Boston Relief & Submarine Co. v. Burnett, 1 Allen, 410. Armsinck v. American Ins. Co. 130 Mass. 185, 188. And the cause of action having been severed by the death of Stephen Salisbury, his executors, although sued with them, were not jointly liable with the survivors. Von Arnim v.…
2Cases cited17 opinions
- von Arnim v. American Tube WorksMassachusetts Supreme Judicial Court · 1905
- Hey v. PrimeMassachusetts Supreme Judicial Court · 1908
- Foote v. CottingMassachusetts Supreme Judicial Court · 1907
- New Haven & Northampton Co. v. HaydenMassachusetts Supreme Judicial Court · 1876
- Smith v. LincolnMassachusetts Supreme Judicial Court · 1908
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3Cited by21 opinions
- Leland v. Order of United Commercial Travelers of AmericaMassachusetts Supreme Judicial Court · 1919
- Douglas v. WhittakerMassachusetts Supreme Judicial Court · 1949
- Farnham v. Lenox Motor Car Co.Massachusetts Supreme Judicial Court · 1918
- Fuller v. AndrewMassachusetts Supreme Judicial Court · 1918
- Granger v. LovelyMassachusetts Supreme Judicial Court · 1939
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