Stewart v. Thayer
Massachusetts Supreme Judicial Court
Contract, brought originally against the Point of Pines Company, Franklin W. Lodge, and Charles H. Thayer, for services rendered in furnishing music at the request of the defendant Thayer. The plaintiff, having discontinued against the first two defendants, proceeded against Thayer, who set up a discharge in insolvency, to obtain a special judgment against him under the statute to enable the plaintiff to proceed against the sureties on a bond given to dissolve an attachment.
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Contract, brought originally against the Point of Pines Company, Franklin W. Lodge, and Charles H. Thayer, for services rendered in furnishing music at the request of the defendant Thayer. The plaintiff, having discontinued against the first two defendants, proceeded against Thayer, who set up a discharge in insolvency, to obtain a special judgment against him under the statute to enable the plaintiff to proceed against the sureties on a bond given to dissolve an attachment. Trial in the Superior Court, without a jury, before Bond, J., who declined to give any of the rulings asked by the…
1Opinion of the CourtLathrop, J.
The plaintiff seeks to recover for a balance due him in pursuance of a contract made with the defendant in 1893, by the terms of which the plaintiff was to receive for the services of himself and band, during July and August of that year, $24 for a week of seven days for each man, for the leader double pay, and for the soloist, when there was one, $10. The plaintiff performed his part of the contract, playing with the band at a seaside resort of which the defendant was the proprietor. On Sundays, the afternoon concerts began from half past two to half past three, and there were also concerts…
2Cases cited6 opinions
- Myers v. MeinrathMassachusetts Supreme Judicial Court · 1869
- Morse v. BrackettMassachusetts Supreme Judicial Court · 1867
- Handy v. St. Paul Globe Publishing Co.Supreme Court of Minnesota · 1889
- Mansfield v. TriggMassachusetts Supreme Judicial Court · 1873
- Stevens v. WoodMassachusetts Supreme Judicial Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- O'Brien v. SheaMassachusetts Supreme Judicial Court · 1911
- Barlow Manufacturing Co. v. StoneMassachusetts Supreme Judicial Court · 1908
- Fullam v. Wright & Colton Wire Cloth Co.Massachusetts Supreme Judicial Court · 1907
- Eastern Expanded Metal Co. v. Webb Granite & Construction Co.Massachusetts Supreme Judicial Court · 1907
- Maher v. HaycockMassachusetts Supreme Judicial Court · 1938
12 more not listed; retrieve them via the Exa API.