Pierce v. Thompson
Massachusetts Supreme Judicial Court
This was an action of the case for several malicious suits. The declaration contained four counts. The first related to a suit brought by Thompson in his own name, to recover a general balance which he alleged to be due to him from Pierce, who was formerly his partner in trade.
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This was an action of the case for several malicious suits. The declaration contained four counts. The first related to a suit brought by Thompson in his own name, to recover a general balance which he alleged to be due to him from Pierce, who was formerly his partner in trade. The other counts related to three suits brought by the plaintiff against himself and Pierce ™ the names of the widow and two heirs of W. Thompson deceased, but without their knowledge, for the rent of the store occupied by Pierce and Thompson, while they were in partnership. Thompson was administrator on the estate of…
1Per curiam
One objection on the part of Thompson, the defendant, is, that the judge erred in instructing the jury, that with respect to the suit brought by Thompson in his own name, they might consider whether any thing was equitably, though not legally due from Pierce to Thompson. * The *196Court are clear that this instruction was correct. The sun was between persons formerly partners, for money had and received, and so equitable considerations were proper to be inquired into and allowed.
It was also contended, that as there was a submit sion and award from which it appeared, that including the rent, a…
2Cases cited2 opinions
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Forseth v. ShawMassachusetts Supreme Judicial Court · 1813
3Cited by3 opinions
- Veazey v. City of DurhamSupreme Court of North Carolina · 1950
- Aubrey Williams v. Daniel AguirreCourt of Appeals for the Eleventh Circuit · 2020
- Otsego Aviation Service, Inc. v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1951