Milkman v. Ordway
Massachusetts Supreme Judicial Court
Bill m EQUITY, sworn to February 5,1869, and filed February 6, 1869, by Sarah, wife of Bernard Milkman, against Thomas T. Ordway, George F. Ordway and William Cumston.
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Bill m EQUITY, sworn to February 5,1869, and filed February 6, 1869, by Sarah, wife of Bernard Milkman, against Thomas T. Ordway, George F. Ordway and William Cumston. The bill alleged that on or about July 1, 1864, the plaintiff entered into an agreement with reference to her sole and separate personal property, with the Ordways, who were partners doing business in Boston under the name of Ordway Brothers, by which, among other things, they agreed for a valuable consideration to guarantee the payment by her of the rent which should come due mder a lease to be executed to her by Cumston, of…
1Opinion of the CourtWells, J.
It is settled, with little or no conflict of authority, that when a defendant in a bill in equity disenables himself, pending the suit, to comply with an order for specific relief, the court will proceed to afford relief by way of compelling compensation to be made ; and for this purpose will retain the bill, and determine the amount of such compensation, although its nature and measure are precisely the same as the party would otherwise recover as damages in an action at law. The character of the investigation is, therefore, not an insuperable objection to this mode of proceeding.
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2Cases cited10 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Barlow v. . ScottNew York Court of Appeals · 1861
- Morss v. ElmendorfNew York Court of Chancery · 1844
- Kempshall v. StoneNew York Court of Chancery · 1821
- Hatch v. CobbNew York Court of Chancery · 1820
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3Cited by68 opinions
- Kennedy v. HazeltonSupreme Court of the United States · 1888
- Institution for Savings in Newburyport & Its Vicinity v. PufferMassachusetts Supreme Judicial Court · 1909
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
- Winslow v. NaysonMassachusetts Supreme Judicial Court · 1873
- Saperstein v. Mechanics & Farmers Savings BankNew York Court of Appeals · 1920
63 more not listed; retrieve them via the Exa API.