Bullard v. President of the Nantucket Bank
Massachusetts Supreme Judicial Court
In this action, which was similar to the two immediately preceding, the defendants, at the return term in the Common Pleas, filed a plea of misnomer in abatement, averring their true corporate name to be The President and Directors of the Nantucket Bank. To this plea the plaintiff replied, by way of estoppel, that the defendants, in issuing their notes, acted by the corporate name by which they were sued. To the replication there is a demurrer and joinder.
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In this action, which was similar to the two immediately preceding, the defendants, at the return term in the Common Pleas, filed a plea of misnomer in abatement, averring their true corporate name to be The President and Directors of the Nantucket Bank. To this plea the plaintiff replied, by way of estoppel, that the defendants, in issuing their notes, acted by the corporate name by which they were sued. To the replication there is a demurrer and joinder. Upon these pleadings, the Court of Common Pleas gave judgment for the defendants. The plaintiff appealed, and entered his appeal at the…
1Opinion of the CourtParsons, C. J.
We are all of opinion that the plaintiff’s motion ought to have been granted in the Court of Common Pleas. The defendants ought not to have opposed it, as the plaintiff was led into the mistake by the fault of the defendants in issuing their notes by a wrong name, which the plaintiff, supposing to be their true name, sued them by it. And we are of opinion that the [*100] plaintiff, under the circumstances of this case, *is not chargeable with loches in not making the motion in the Common Pleas.
But the motion might have been made in this Court at the last term, and by the plaintiff’s delaying to…
2Cases cited1 opinion
- Holbrook v. PrattMassachusetts Supreme Judicial Court · 1804
3Cited by10 opinions
- Keljikian v. Star Brewing Co.Massachusetts Supreme Judicial Court · 1939
- State v. MurphySupreme Court of Alabama · 1844
- Smith v. Tallassee Branch of Central Plank-Road Co.Supreme Court of Alabama · 1857
- Perkins v. BurbankMassachusetts Supreme Judicial Court · 1806
- Smith v. PinneyMichigan Supreme Court · 1891
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