Legal Opinion

Thomas v. Commonwealth

Massachusetts Supreme Judicial Court

Decided June 18, 1913PublishedCited by 14 opinions

Bill in equity, filed in the Superior Court on March 3, 1905, to establish and enforce a claim under R. L. c. 6, § 77, upon certain funds retained by the Commonwealth under a contract for the construction of a State highway. On February 19, 1909, Henry J. Green was permitted to file a similar claim as an intervening claimant. The case was referred to Henry T. Richardson, Esquire, as master.

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Bill in equity, filed in the Superior Court on March 3, 1905, to establish and enforce a claim under R. L. c. 6, § 77, upon certain funds retained by the Commonwealth under a contract for the construction of a State highway. On February 19, 1909, Henry J. Green was permitted to file a similar claim as an intervening claimant. The case was referred to Henry T. Richardson, Esquire, as master. The case was heard upon the master’s report by Hardy, J., who made a memorandum of decision as follows: “On the basis for settling a decree in this bill I make the following allowances, namely: Claims for…

1Opinion of the CourtHammond, J.

This case is before us upon the respective appeals of the plaintiff Thomas and the intervening creditor Green from a final decree in which certain items in the account of Thomas and the whole account of Green were disallowed.

The particulars relating to the claims disallowed are set forth in the report of the master and need not be repeated. It is clear upon the report that the items for boards used for concrete forms and for conduits, for netting, cotton line, rules, road scraper, buggies used in transporting help, use of scales, freight money paid, and for coal for the steam roller, were all…

2Cases cited4 opinions

  1. George H. Sampson Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1909
  2. Friedman v. County of HampdenMassachusetts Supreme Judicial Court · 1910
  3. Kennedy v. CommonwealthMassachusetts Supreme Judicial Court · 1903
  4. Webster v. Real Estate Improvement Co.Massachusetts Supreme Judicial Court · 1886

3Cited by14 opinions

  1. Bushman Construction Company v. Air Force Academy Housing, IncorporatedCourt of Appeals for the Tenth Circuit · 1964
  2. Loonie v. WilsonMassachusetts Supreme Judicial Court · 1919
  3. Lembke Construction Co. v. JD Coggins CompanyNew Mexico Supreme Court · 1963
  4. Bay State Dredging & Contracting Co. v. W. H. Ellis & Son Co.Massachusetts Supreme Judicial Court · 1920
  5. Pierce Oil Corporation v. ParkerSupreme Court of Arkansas · 1925

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