Cameron v. Kanrich
Massachusetts Supreme Judicial Court
Tort, against Albert M. Kanrich and Mary Kanrich jointly,, to recover for an alleged joint assault on the plaintiff, a minor,, who brought the action by her next friend. Writ in the Municipal Court of the City of Boston dated October 22,1907. In the Municipal Court the judge found for the plaintiff against the defendant Mary Kanrich in the sum of $350, and found for the defendant Albert M. Kanrich.
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Tort, against Albert M. Kanrich and Mary Kanrich jointly,, to recover for an alleged joint assault on the plaintiff, a minor,, who brought the action by her next friend. Writ in the Municipal Court of the City of Boston dated October 22,1907. In the Municipal Court the judge found for the plaintiff against the defendant Mary Kanrich in the sum of $350, and found for the defendant Albert M. Kanrich. Judgment Was entered for the plaintiff against the defendant Mary Kanrich for $350 damages and $23.55 costs. On the same day judgment was entered for the defendant Albert M. Kanrich with costs to…
1Opinion of the CourtBraley, J.
The plaintiff’s cause of action appears from the single count of the declaration to have been for an assault, and instead of bringing separate actions she joined the defendants in one action. It is settled at common law that a judgment without satisfaction against one of two joint wrongdoers, who are sued separately, is no bar to taking judgment against the others. Oulighan v. Butler, 189 Mass. 287, 298. But if they are sued jointly, taking judgment against one not only operates as a discontinuance, but constitutes a bar to obtaining judgment against the others. The cause of action, being…
2Cases cited7 opinions
- Oulighan v. ButlerMassachusetts Supreme Judicial Court · 1905
- Elliott v. HaydenMassachusetts Supreme Judicial Court · 1870
- McAvoy v. WrightMassachusetts Supreme Judicial Court · 1884
- Munroe v. CarlisleMassachusetts Supreme Judicial Court · 1900
- Downing v. CoyneMassachusetts Supreme Judicial Court · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brown v. ThayerMassachusetts Supreme Judicial Court · 1912
- Hunt v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1912
- New York Trust Co. v. BrewsterMassachusetts Supreme Judicial Court · 1922
- White v. Beverly Building Ass'nMassachusetts Supreme Judicial Court · 1915
- Contakis v. FlavioMassachusetts Supreme Judicial Court · 1915
2 more not listed; retrieve them via the Exa API.