Legal Opinion

Townsend National Bank v. Jones

Massachusetts Supreme Judicial Court

Decided May 10, 1890PublishedCited by 15 opinions

Contract against the sureties on a bond to dissolve an attachment in an action of contract brought by the plaintiff against Zopher R. Folsom. The defendant Jones alone defended. Trial in the Superior Court, without a jury, before Bishop, J., who reported the case for the determination of this court, in subtance as follows.

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Contract against the sureties on a bond to dissolve an attachment in an action of contract brought by the plaintiff against Zopher R. Folsom. The defendant Jones alone defended. Trial in the Superior Court, without a jury, before Bishop, J., who reported the case for the determination of this court, in subtance as follows. The declaration in the original action, in which the attachment was made, was as follows: “ And the plaintiff says, that Henry Mayo & Co. made a draft,, a copy of. which, with the indorsements thereon, is hereto annexed, payable to the order of themselves, who indorsed the…

1Opinion of the CourtDevens, J.

By the Pub. Sts. c. 167, § 42, an amendment may be allowed at any time before final judgment in a civil suit, “changing the form of the action, and in any other matter either of form or substance, in any process, pleading, or proceeding which may enable the plaintiff to sustain the action for the cause for *457which it was intended to be brought, or the defendant to make a legal defence.” By § 85, the cause of action is deemed to be the same for which the action was brought, when it is made to appear to the satisfaction of the court that it is the same cause of action which was relied on when his…

2Cases cited3 opinions

  1. Doran v. CohenMassachusetts Supreme Judicial Court · 1888
  2. Kellogg v. KimballMassachusetts Supreme Judicial Court · 1886
  3. Lanahan v. PorterMassachusetts Supreme Judicial Court · 1889

3Cited by15 opinions

  1. Savage v. WelchMassachusetts Supreme Judicial Court · 1923
  2. Driscoll v. HoltMassachusetts Supreme Judicial Court · 1898
  3. Petri v. MannyWashington Supreme Court · 1918
  4. Norris v. AndersonMassachusetts Supreme Judicial Court · 1902
  5. Morton v. ShawMassachusetts Supreme Judicial Court · 1906

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