Wright v. Lothrop
Massachusetts Supreme Judicial Court
Two ACTION'S, the first an action of contract for the breach of a written agreement, and the second an action of tort for slander. The cases were tried together in the Superior Court, before Mason, J., who ruled that the actions upon the. facts in evidence could not be maintained, and directed a verdict, in each case for the defendant; and the plaintiffs alleged exceptions; The material facts appear in the opinion.
1Opinion of the CourtField, J.
The first of these actions is an action of contract on a written agreement under seal entered into by Wright and Thayer, the plaintiffs, party of the first part, and by Lothrop, the defendant, party of the second part. This agreement recites *386that Lothrop had brought an action against Wright and Thayer to recover the value of a building and of certain personal property “ alleged to have been burned through the wilful and negligent acts of the defendants ” in that suit; that the jury had found a verdict for Lothrop, on the ground that the property had been burned “ by the negligence, but not by…
2Cases cited8 opinions
- Marsh v. . EllsworthNew York Court of Appeals · 1872
- Calkins v. SumnerWisconsin Supreme Court · 1860
- Gott v. PulsiferMassachusetts Supreme Judicial Court · 1877
- Rice v. CoolidgeMassachusetts Supreme Judicial Court · 1876
- McLaughlin v. CowleyMassachusetts Supreme Judicial Court · 1879
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3Cited by22 opinions
- Yaselli v. GoffCourt of Appeals for the Second Circuit · 1926
- Andrews v. . GardinerNew York Court of Appeals · 1918
- Bander v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1943
- McAvoy v. ShufrinMassachusetts Supreme Judicial Court · 1988
- Mezullo v. MaletzMassachusetts Supreme Judicial Court · 1954
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