Herring v. Downing
Massachusetts Supreme Judicial Court
Contract. Writ dated December 27, 1884. The declaration contained three counts. The first count was to recover the sum of $3167.17, as a balance found due the plaintiff on an accounting together.
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Contract. Writ dated December 27, 1884. The declaration contained three counts. The first count was to recover the sum of $3167.17, as a balance found due the plaintiff on an accounting together. The second count was on an account annexed to recover the sum of $1316.31. The third count was as follows: “ And the plaintiff says that it was agreed by and between the plaintiff and defendant, that, in consideration that the plaintiff and his son should work up certain stock of the defendant, which had been owned and used by the firm of A. H. Herring and Son, in the business of manufacturing shoes,…
1Opinion of the CourtField, J.
The jury returned a verdict for the plaintiff upon the third count of the declaration only. The defendant asked rulings, which were refused, that, upon the evidence, the action could not be maintained, because the right of action had vested in the plaintiff’s assignee in insolvency; that there was no evidence for the jury on the third count; and, generally, that, on the evidence, the action could not be maintained.
The date of the petition .in insolvency of A. H. Herring and Son was September 13, 1883, and they were duly adjudicated insolvent debtors on October 16, 1883, and Amos W. Downing…
2Cases cited3 opinions
- Powers v. RaymondMassachusetts Supreme Judicial Court · 1884
- Mayhew v. PentecostMassachusetts Supreme Judicial Court · 1880
- Squire v. LincolnMassachusetts Supreme Judicial Court · 1884
3Cited by9 opinions
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- Greenall v. HersumMassachusetts Supreme Judicial Court · 1915
- Stone v. JenkinsMassachusetts Supreme Judicial Court · 1900
- Shivell v. HurdCalifornia Court of Appeal · 1953
- Atwood v. BaileyMassachusetts Supreme Judicial Court · 1903
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