Moran v. Dunphy
Massachusetts Supreme Judicial Court
Tort for maliciously inducing one Robert J. Cowan to discharge the plaintiff from his employ. Writ dated December 19, 1899. The case came up on an appeal from a judgment of the Superior Court rendered by Braley, J., sustaining the defendant’s demurrer to the declaration. The declaration was as follows: “First count.
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Tort for maliciously inducing one Robert J. Cowan to discharge the plaintiff from his employ. Writ dated December 19, 1899. The case came up on an appeal from a judgment of the Superior Court rendered by Braley, J., sustaining the defendant’s demurrer to the declaration. The declaration was as follows: “First count. And the plaintiff says that in the month of November, 1899, he was, and for a long time previous thereto had been, in the employ of one Robert J. Cowan, under an oral contract between said Cowan and himself; that while he was still in said employ, the défendant, with intent to…
1Opinion of the CourtHolmes, C. J.
The first count of the declaration in this case substantially follows the form held bad in May v. Wood, 172 Mass. 11, and Rice v. Albee, 164 Mass. 88, and the plaintiff’s argument is directed to getting those cases overruled. It appears in the reports that the later decision did not command the assent of all of us, and it is quite possible at least that if the question came up now for the first time the majority might be found to be on the side which did not prevail. Van Horn v. Van Horn, 27 Vroom, 318, 319. But it is not desirable that decisions should oscillate with changes in the bench,…
2Cases cited11 opinions
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- Vegelahn v. GuntnerMassachusetts Supreme Judicial Court · 1896
- Plant v. WoodsMassachusetts Supreme Judicial Court · 1900
- Morasse v. BrochuMassachusetts Supreme Judicial Court · 1890
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3Cited by77 opinions
- Birl v. Philadelphia Electric Co.Supreme Court of Pennsylvania · 1960
- Harrison v. NetCentric Corp.Massachusetts Supreme Judicial Court · 2001
- Schmitz v. SmentowskiNew Mexico Supreme Court · 1990
- Beardsley v. . KilmerNew York Court of Appeals · 1923
- Berry v. DonovanMassachusetts Supreme Judicial Court · 1905
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