Osborn v. Martha's Vineyard Railroad

This action was originally commenced by Samuel Osborn, Jr., one of the plaintiffs. After the trial of the case, Osborn moved to amend his writ by adding, as joint plaintiffs with him, Shubael L. Norton and Nathaniel M. Jernegan, which motion was allowed. The action then proceeded upon the allegation in their declaration, that the defendant owed the three plaintiffs $600, according to the account annexed, which was for twenty tons of iron rails at $30 per ton, giving credit for $400, paid to Norton and Jernegan.

The first question which arises is whether the contract made by the plaintiffs with…