Blanchard v. Cooke
Massachusetts Supreme Judicial Court
Bill IN equity, filed in the Superior Court on December 4, 1884, brought originally against William R. Cooke alone, and alleging that on July 12, 1883, the plaintiff was the owner and in possession of a stock of goods in a store in Southbridge ; and that on that day he and the defendant executed a contract, under seal, containing the following provisions: “ Said Blanchard hereby agrees to Sell, and said Cooke agrees to buy all the stock of goods, fixtures, and merchandise,…
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Bill IN equity, filed in the Superior Court on December 4, 1884, brought originally against William R. Cooke alone, and alleging that on July 12, 1883, the plaintiff was the owner and in possession of a stock of goods in a store in Southbridge ; and that on that day he and the defendant executed a contract, under seal, containing the following provisions: “ Said Blanchard hereby agrees to Sell, and said Cooke agrees to buy all the stock of goods, fixtures, and merchandise, and property owned by said Blanchard now contained in the store of the Edwards estate, at said Southbridge, as itemized,…
1Opinion of the CourtField, J.
The procedure in this case suggests some interesting questions of practice which have not been argued, but we have considered only the questions argued and the matters involved in them.
We assume that it was within the power of the Superior Court to admit the assignee as a party at the time when, and in the manner in which, he was admitted. We assume also, that the court could modify the original decree according to the facts established at the final hearing. The defendant Cooke, having appeared, and the bill having been taken for confessed against him for want of an answer, had still the…
2Cases cited8 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Carpenter v. SnellingMassachusetts Supreme Judicial Court · 1867
- Dean v. WilliamsMassachusetts Supreme Judicial Court · 1821
- Chase v. DennyMassachusetts Supreme Judicial Court · 1881
- Wright v. TetlowMassachusetts Supreme Judicial Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- In re Antigo Screen Door Co.Court of Appeals for the Seventh Circuit · 1903
- Hutchins v. NickersonMassachusetts Supreme Judicial Court · 1912
- Plasko v. OrserMassachusetts Supreme Judicial Court · 1977
- Adams v. YoungMassachusetts Supreme Judicial Court · 1909
- Wasserman v. McDonnellMassachusetts Supreme Judicial Court · 1906
45 more not listed; retrieve them via the Exa API.