Gott v. Adams Express Co.
Massachusetts Supreme Judicial Court
Contract for the value of articles lost from the plaintiff’s trank while in the custody of the defendants, as common carriers, to transport from Savannah in Georgia to Boston; with a count in tort for the conversion of the articles. The declaration alleged “ that the defendants are a company having a place of business at Boston, at New York and at Savannah.” The answer denied each and every allegation of the declaration.
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Contract for the value of articles lost from the plaintiff’s trank while in the custody of the defendants, as common carriers, to transport from Savannah in Georgia to Boston; with a count in tort for the conversion of the articles. The declaration alleged “ that the defendants are a company having a place of business at Boston, at New York and at Savannah.” The answer denied each and every allegation of the declaration. In the superior court, the plaintiff filed interrogatories which were answered on oath by Waldo Adams, the defendants’ agent, on whom the writ was served ; and afterwards,…
1Opinion of the CourtGray, J.
1. By the practice act, either party to a civil action may file interrogatories to be answered on oath by the adverse party, and may read his answers at the trial as evidence. Gen. Sts. c. 129, §§ 46, 74. The right to file such interrogatories to any person other than a party to the suit is limited by the statute to the case of a corporation, in which case the opposite party is allowed to examine the president, treasurer, clerk, or any director or other officer, in the same manner as if he were a party to the suit. Gen. Sts. c. 129, § 50. The plaintiff, in order to be entitled to file…
2Cited by8 opinions
- Commonwealth v. CoeMassachusetts Supreme Judicial Court · 1874
- Adams Express Co. v. HillIndiana Supreme Court · 1873
- Western Union Telegraph Co. v. EyserSupreme Court of Colorado · 1873
- Johnson v. Payne & Williams BankMissouri Court of Appeals · 1894
- Woodson v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1874
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