Lowrie v. Castle
Massachusetts Supreme Judicial Court
Contract or tort. Writ in the Superior Court for the County of Suffolk, dated June 26, 1906. The description of the defendants in the writ was as follows : “ James B. Castle and William R. Castle, both of Boston in said County of Suffolk and Mary Castle, George P. Castle, Mary Castle Williams, Harriet Castle Coleman, Caroline Castle Westerveldt, Helen Castle Meade and Mabel Wing Castle all of Honolulu in the Territory of Hawaii, Co-partners doing business under the firm name…
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Contract or tort. Writ in the Superior Court for the County of Suffolk, dated June 26, 1906. The description of the defendants in the writ was as follows : “ James B. Castle and William R. Castle, both of Boston in said County of Suffolk and Mary Castle, George P. Castle, Mary Castle Williams, Harriet Castle Coleman, Caroline Castle Westerveldt, Helen Castle Meade and Mabel Wing Castle all of Honolulu in the Territory of Hawaii, Co-partners doing business under the firm name of S. N. Castle Estate, and said James B. Castle and said William R. Castle and Henry P. Baldwin of the Island of Maui…
1Opinion of the CourtHammond, J.
This case is before us both by appeal and by exceptions of the plaintiff, each relating to an order of the Superior Court dismissing the action against certain non-resident defendants.
1. The first question is whether the service appears to have been sufficient. No property was attached. And the only service upon these defendants was by delivering a summons for each of them to James B. Castle as agent and also to William R. Castle as copartner. The service upon James “as agent” was not sufficient as a service upon them. The case is not distinguishable from Kimball v. Sweet, 168 Mass. 105. The…
2Cases cited8 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Freeman v. AldersonSupreme Court of the United States · 1886
- D'Arcy v. KetchumSupreme Court of the United States · 1851
- Eliot v. McCormickMassachusetts Supreme Judicial Court · 1887
- Kimball v. SweetMassachusetts Supreme Judicial Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Paraboschi v. ShawMassachusetts Supreme Judicial Court · 1927
- Reynolds v. Missouri, Kansas & Texas Railway Co.Massachusetts Supreme Judicial Court · 1916
- Cheshire National Bank v. JaynesMassachusetts Supreme Judicial Court · 1916
- Tyler v. Boot & Shoe Workers UnionMassachusetts Supreme Judicial Court · 1933
- United Drug Co. v. CordleyMassachusetts Supreme Judicial Court · 1921
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