Moulton v. McOwen
Massachusetts Supreme Judicial Court
The first case was an action of tort by Moulton against McOwen for negligence in building a cellar and cellar wall for the plaintiff.
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The first case was an action of tort by Moulton against McOwen for negligence in building a cellar and cellar wall for the plaintiff. Writ dated August 21, 1868. The declaration was as follows : “ And the plaintiff says that, on December 28, 1867, he was the owner of a house-lot situate on First Street in Lowell, and the defendant made a special verbal contract with him to excavate and stone a cellar in said lot, with a good and sufficient dry and mortar wall, to be two feet thick, and with a trench wall one foot deep, the cellar to be seven feet deep in the clear, the materials to be good…
1Opinion of the CourtAmes, J.
The two cases between these parties were tried at the same time, and presented in such a manner that the same question arises in each. The matter which was relied upon as a defence in the case of McOwen v. Moulton is put forward as the .ground of a substantive claim of damages in the case of Moulton v. McOwen. It is obvious, that, if this claim should prove to be well founded in law and in fact, the plaintiff in the last named action can avail himself of it, under the operation of the legal provisions for setting off judgments against eacn other in cross actions, quite as well as in any other…
2Cited by26 opinions
- Glazer v. SchwartzMassachusetts Supreme Judicial Court · 1931
- Pinches v. Swedish Evangelical Lutheran ChurchSupreme Court of Connecticut · 1887
- Conklin v. Consolidated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Walsh v. CornwellMassachusetts Supreme Judicial Court · 1930
- United States v. WalshCourt of Appeals for the Second Circuit · 1902
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