Savage v. Stevens
Massachusetts Supreme Judicial Court
Two actions OE tort for false and fraudulent representations. The cases were submitted to the Superior Court, and, after judgment for the defendants, to this court on appeal, on an agreed statement of facts in substance as follows: The plaintiff brought three separate actions of tort for the same cause of action, the two above named and one against C. S. Bridge.
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Two actions OE tort for false and fraudulent representations. The cases were submitted to the Superior Court, and, after judgment for the defendants, to this court on appeal, on an agreed statement of facts in substance as follows: The plaintiff brought three separate actions of tort for the same cause of action, the two above named and one against C. S. Bridge. All of the actions were brought on the same day, were returnable at the same term of court, and were put in order for trial at the same term. At the trial of the action against Stevens, the presiding judge directed a verdict for the…
1Opinion of the CourtGray, C. J.
When an injury is done to one man by the wrongful act of several, the law allows him to proceed against them either jointly or severally, and, if he sues them severally, he' may prosecute all the actions to judgment, although he can have but one satisfaction for the same injury. By our law, judgment against one without satisfaction does not bar an action against'the others. • Lovejoy v. Murray, 3 Wall. 1. Elliott v. Hayden, 104 Mass. 180. It is clear, on the one hand, that, after judgment recovered and satisfied against one, no action can be commenced against the others; and, on the other…
2Cases cited4 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Elliott v. HaydenMassachusetts Supreme Judicial Court · 1870
- Ayer v. AshmeadSupreme Court of Connecticut · 1863
- Simonds v.CenterMassachusetts Supreme Judicial Court · 1809
3Cited by15 opinions
- Cain v. Quannah Light & Ice Co.Supreme Court of Oklahoma · 1928
- Corey v. HavenerMassachusetts Supreme Judicial Court · 1902
- Cleveland v. City of BangorSupreme Judicial Court of Maine · 1895
- Cote v. New England Navigation Co.Massachusetts Supreme Judicial Court · 1912
- Schillinger v. LearySupreme Court of Alabama · 1917
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