Kellogg v. Kimball
Massachusetts Supreme Judicial Court
Contract upon a bond to dissolve an attachment. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows : The declaration in the original action in which said attachment was made, containing three counts, was as follows : “ And now comes the plaintiff, who is a minor and sues by his next friend, S. H. Dudley, and says that, on or about the twelfth day of November last, he formed a…
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Contract upon a bond to dissolve an attachment. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the determination of this court, in substance as follows : The declaration in the original action in which said attachment was made, containing three counts, was as follows : “ And now comes the plaintiff, who is a minor and sues by his next friend, S. H. Dudley, and says that, on or about the twelfth day of November last, he formed a copartnership with one George E. Sewell, for the purpose of carrying on the drug business in the city of Boston; that…
1Opinion of the CourtC. Allen, J.
The decision of the present case involves a further consideration of the pleadings in the much litigated action of the plaintiff against the principal in the bond now in suit, which has been four times before this court. Kellogg v. Kimball, 122 Mass. 163; 135 Mass. 125; 138 Mass. 441; 139 Mass. 296. It is now contended that the sureties on the bond given to dissolve the attachment in the original action were discharged by the allowance of the amendment to the declaration, adding a new count in place of the first and second counts in the original declaration. To have this effect, the amendment…
2Cases cited5 opinions
- Kellogg v. KimballMassachusetts Supreme Judicial Court · 1877
- Cutter v. RichardsonMassachusetts Supreme Judicial Court · 1878
- Kellogg v. KimballMassachusetts Supreme Judicial Court · 1883
- Kellogg v. KimballMassachusetts Supreme Judicial Court · 1885
- Kellogg v. KimballMassachusetts Supreme Judicial Court · 1885
3Cited by9 opinions
- Doran v. CohenMassachusetts Supreme Judicial Court · 1888
- Norris v. AndersonMassachusetts Supreme Judicial Court · 1902
- Townsend National Bank v. JonesMassachusetts Supreme Judicial Court · 1890
- Stewart v. ThayerMassachusetts Supreme Judicial Court · 1898
- American Surety Co. of New York v. Campbell & Zell Co.Court of Appeals for the First Circuit · 1905
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