Bryne v. Dorey
Massachusetts Supreme Judicial Court
Contract by the assignee of the rights of John J. Dorey, for the alleged breach of an agreement in writing dated July 2, 1907, whereby the defendants, who were husband and wife, agreed to support John J. Dorey during the remainder of his life, the plaintiff seeking to recover damages for the failure to support John J. Dorey from the date of the agreement until May 19, 1911, which was the date of the assignment to the plaintiff.
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Contract by the assignee of the rights of John J. Dorey, for the alleged breach of an agreement in writing dated July 2, 1907, whereby the defendants, who were husband and wife, agreed to support John J. Dorey during the remainder of his life, the plaintiff seeking to recover damages for the failure to support John J. Dorey from the date of the agreement until May 19, 1911, which was the date of the assignment to the plaintiff. Writ dated June 7, 1911. The defence of recoupment, which is referred to in the opinion, in addition to other defences was alleged in the answer as follows: “And the…
1Opinion of the CourtBraley, J.
While the terms of the assignment are very much broader in scope, the right of the assignor to recover any damages which accrued by reason of the alleged breach of the contract for support was assignable, under B. L. c. 173, § 4, and the action can be maintained in the name of the plaintiff, the assignee. Parker v. Russell, 133 Mass. 74, 75. Gilman v. American Producers’ Controlling Co. 180 Mass. 319.
The consideration of the contract for support is stated to be certain real property mortgages made by the assignor to the defendant Nellie E. Dorey, to secure the payment of two non-negotiable…
2Cases cited25 opinions
- Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
- Parker v. RussellMassachusetts Supreme Judicial Court · 1882
- Smith v. . FeltonNew York Court of Appeals · 1871
- Richard Deeves & Son v. Manhattan Life InsuranceNew York Court of Appeals · 1909
- Neal v. JeffersonMassachusetts Supreme Judicial Court · 1912
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3Cited by20 opinions
- Clark v. State Street Trust Co.Massachusetts Supreme Judicial Court · 1930
- Carlo Bianchi & Co. v. Builders' Equipment & Supplies Co.Massachusetts Supreme Judicial Court · 1964
- Hooper v. CuneoMassachusetts Supreme Judicial Court · 1917
- Newspaper Readers Service, Inc. v. Canonsburg Pottery Co.Court of Appeals for the Third Circuit · 1945
- Barnett v. LoudMassachusetts Supreme Judicial Court · 1917
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