Homer v. Shaw
Massachusetts Supreme Judicial Court
Two actions OE contract, the first being upon the acceptance of an assignment, and the second being upon a quantum meruit. At the trial of the cases together in the Superior Court, before Aiken, J., the jury returned a verdict for the . plaintiff in each case; and "the defendant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtLoring, J.
The first action is an action on an acceptance by the defendant of an assignment made by one George A. Lancaster of all sums due and to become due to him under a contract between him and the defendant. The assignment sued on was dated June 27,1896, and was accepted on the same day.
At the trial in the Superior Court, the report of an auditor to whom the case was sent was put in evidence. It appeared from the auditor’s report and other evidence introduced at the trial that, in March or February preceding the assignment of June 27, Lancaster was doing business under the name of the Lancaster…
2Cases cited4 opinions
- Fitzgerald v. AllenMassachusetts Supreme Judicial Court · 1880
- Faxon v. MansfieldMassachusetts Supreme Judicial Court · 1806
- Simmons v. Lawrence Duck Co.Massachusetts Supreme Judicial Court · 1882
- Gilbert & Barker Manufacturing Co. v. ButlerMassachusetts Supreme Judicial Court · 1888
3Cited by25 opinions
- Frati v. JanniniMassachusetts Supreme Judicial Court · 1917
- Bowen v. KimbellMassachusetts Supreme Judicial Court · 1909
- Atchison, T. & S. F. Ry. Co. v. HurleyCourt of Appeals for the Eighth Circuit · 1907
- Sipley v. StickneyMassachusetts Supreme Judicial Court · 1906
- Mark v. Stuart-Howland Co.Massachusetts Supreme Judicial Court · 1917
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