Terry v. Brightman
Massachusetts Supreme Judicial Court
Contract by Joseph C. Terry against James M. Brightman and William H. Clay, to recover $3600 for the charter of the steamer Border City.
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Contract by Joseph C. Terry against James M. Brightman and William H. Clay, to recover $3600 for the charter of the steamer Border City. Trial in the Superior Court, before Putnam, J., who made the following report thereof: “The case was heard by the court without a jury, and the court found the following- facts: The plaintiff was the agent of the owners of said steamer, and on September 6, 1877, as such agent, entered into an indenture with the defendants for the chartering of said steamer, a copy of which indenture is annexed.* At the time of the making of this indenture, and at the time…
1Opinion of the CourtGray, C. J.
The justices of this court have long had the power of reserving and reporting, at their discretion, at any stage of the case,.for the determination of the full court, questions of law arising in any trial or other proceeding, civil or criminal; and this power has been recognized in each revision of the statutes of the Commonwealth. Rev. Sts. c. 81, § 26, and note of Commissioners. Gen. Sts. c. 112, § 10; c. 113, § 15. Shaw, C. J., in Higbee v. Bacon, 11 Pick. 423, 428, 429.
But the Legislature has never seen fit to entrust so large a power to the judges of any inferior court, who have no share…
2Cases cited4 opinions
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- O'BRIEN v. DwightMassachusetts Supreme Judicial Court · 1973
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- Liggett Drug Co. v. License CommissionersMassachusetts Supreme Judicial Court · 1936
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1912
- Commonwealth v. Henry's Drywall Co.Massachusetts Supreme Judicial Court · 1972
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