City of Lowell v. Morse
Massachusetts Supreme Judicial Court
Debt on a bond, in which the defendants acknowledged themselves held and bound unto the inhabitants of the city of Lowell in the sum of, &c. to be paid to William Davidson, treasurer of said city, or his successors in office. The suit was brought in the corporate name of the plaintiffs, viz., “ the city of Lowell; ” and the declaration averred that the bond was made to the plaintiffs by the name of the inhabitants of the city, &c.
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Debt on a bond, in which the defendants acknowledged themselves held and bound unto the inhabitants of the city of Lowell in the sum of, &c. to be paid to William Davidson, treasurer of said city, or his successors in office. The suit was brought in the corporate name of the plaintiffs, viz., “ the city of Lowell; ” and the declaration averred that the bond was made to the plaintiffs by the name of the inhabitants of the city, &c. The defendants demurred to the declaration, and Putnam, J. overruled the demurrei, at nisi prius; whereupon the defendants submitted to a default, subject to the…
1Opinion of the CourtDewey, J.
It is objected that the plaintiffs are not properly described in the writ, the action being instituted in the name of “the city of Lowell,” and not in the name of “the inhabitants of the city of Lowell.” That the plaintiffs are described in the very language of their corporate name is conceded ; and it would seem difficult to raise any valid objection to their use, in legal proceedings, of their legal corporate name. Such use, it is admitted by the defendants, would be correct in suits in favor of corporations generally, as banks, manufacturing corporations, and others of like character ; but…
2Cases cited2 opinions
- Medway Cotton Manufactory v. AdamsMassachusetts Supreme Judicial Court · 1813
- Commonwealth v. Inhabitants of DedhamMassachusetts Supreme Judicial Court · 1819
3Cited by1 opinion
- Goldberg, Bowen & Co. v. DimickCalifornia Supreme Court · 1915