Puritan Trust Co. v. Coffey
Massachusetts Supreme Judicial Court
Contract on a promissory note for 18,000 signed “ Coffey Bros.” and “ John H. Coffey” against James J. Coffey, alleged surviving partner of the firm of Coffey Brothers, and Nathan D., Pratt, administrator of the estate of John H. Coffey. Writ dated April 17, 1900. The defendant Pratt filed a plea in abatement on the ground of misjoinder of parties. In the Superior Court, the case was tried before Hardy, J.,. without a jury.
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Contract on a promissory note for 18,000 signed “ Coffey Bros.” and “ John H. Coffey” against James J. Coffey, alleged surviving partner of the firm of Coffey Brothers, and Nathan D., Pratt, administrator of the estate of John H. Coffey. Writ dated April 17, 1900. The defendant Pratt filed a plea in abatement on the ground of misjoinder of parties. In the Superior Court, the case was tried before Hardy, J.,. without a jury. He overruled the plea in abatement, and refused to rule that the action could not be maintained against the defendant Pratt alone. He found and ruled, that the defendant…
1Opinion of the CourtBarker, J.
The writ commands the attachment of the goods or estate of James J. Coffey, and also of the goods or estate of John H. Coffey, deceased, in the hands and possession of Nathan D. Pratt, administrator of the estate of John H. Coffey, and also the summoning of the said defendants, to appear and answer to the suit.
The declaration is upon a promissory note alleged to be a joint and several note of the firm of Coffey Brothers and of John H. Coffey. It is alleged that the firm of Coffey Brothers consisted of John H. Coffey and James J. Coffey, and that the latter is the surviving partner of the firm…
2Cases cited4 opinions
- Allin v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1890
- Kimball v. SweetMassachusetts Supreme Judicial Court · 1897
- Guild v. BonnemortMassachusetts Supreme Judicial Court · 1892
- Heavor v. PageMassachusetts Supreme Judicial Court · 1894
3Cited by1 opinion
- Raywinkle v. Southern Coal Co.Supreme Court of Arkansas · 1915