Pinch v. Anthony
Massachusetts Supreme Judicial Court
Bill in equity, filed April 16th 1861, alleging that in 1849 the plaintiff was a skilful miner employed at Crown Point, and was induced by persons who owned lands in Northampton, Southampton, Easthampton and Westhampton, to leave his employment for the purpose of conducting mining operations upon said lands; that those persons, after executing to the plaintiff a mortgage on the mineral rights in said lands to secure the sum of $1500, for his services and moneys agreed to be…
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Bill in equity, filed April 16th 1861, alleging that in 1849 the plaintiff was a skilful miner employed at Crown Point, and was induced by persons who owned lands in Northampton, Southampton, Easthampton and Westhampton, to leave his employment for the purpose of conducting mining operations upon said lands; that those persons, after executing to the plaintiff a mortgage on the mineral rights in said lands to secure the sum of $1500, for his services and moneys agreed to be paid by him, conveyed the premises to Samuel Coit, who, in consideration of the plaintiff’s skill and labor in…
1Opinion of the CourtChapman, J.
If the plaintiff had any cause of action when he filed his original.bill, it arose out of the contract of October 27th 1853. It is necessary, therefore, to ascertain the meaning of this contract; and as the parties construe it differently, and its terms are not expressed with fulness and clearness, it is necessary to look into all its parts. Its expressed purpose and the consideration for the defendant’s promise will aid us in understanding the promise and giving to it a just interpretation
The articles of agreement are between Anthony, Hamilton, Coley and Wright, who are called parties of the…
2Cases cited2 opinions
- Underhill v. Van CortlandtNew York Court of Chancery · 1817
- Murray v. CarothersCourt of Appeals of Kentucky · 1858
3Cited by1 opinion
- Szelewa v. WindelerNew Jersey Court of Chancery · 1932