Howe v. Taggart
Massachusetts Supreme Judicial Court
Contract against James M. Taggart and James M. Taggart, Jr. Writ dated June 16,1880. The declaration originally contained one count on a promissory note for $300, dated April 1, 1871, payable to the plaintiff or order, and purporting to be signed by both defendants.
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Contract against James M. Taggart and James M. Taggart, Jr. Writ dated June 16,1880. The declaration originally contained one count on a promissory note for $300, dated April 1, 1871, payable to the plaintiff or order, and purporting to be signed by both defendants. The plaintiff was allowed to amend his declaration by filing a second count, for the same cause of action, alleging that James M. Taggart made a promissory note payable to the order of the plaintiff, and the defendant James M. Taggart, Jr. thereafter, in consideration that the property for which said note was given should pass to…
1Opinion of the CourtField, J.
The defendant cannot complain that his demurrer to the third count was sustained. He does complain that “ the judge refused to entertain the demurrer as to the residue of the declaration, the same having been already answered to on the merits.” It appears that the defendant, after he had filed an answer to the first two counts of the declaration, on the plaintiff’s filing a third count, filed, by leave of court and the consent of the plaintiff, an answer containing a demurrer to the whole declaration. The plaintiff gave his consent, supposing that it was an answer to the third count only, and…
2Cases cited4 opinions
- Manter v. ChurchillMassachusetts Supreme Judicial Court · 1879
- Ellis v. ClarkMassachusetts Supreme Judicial Court · 1872
- Pratt v. HeddenMassachusetts Supreme Judicial Court · 1876
- Prouty v. WilsonMassachusetts Supreme Judicial Court · 1877
3Cited by18 opinions
- Kneeland v. EmertonMassachusetts Supreme Judicial Court · 1932
- Security National Bank of Minneapolis v. PulverSupreme Court of Minnesota · 1915
- Ballard v. BurtonSupreme Court of Vermont · 1892
- Kahn v. WaldmanMassachusetts Supreme Judicial Court · 1933
- Merchants Discount Co. v. Federal Street Corp.Massachusetts Supreme Judicial Court · 1938
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