Graham v. Meddleby
Massachusetts Supreme Judicial Court
Contract, against five defendants, on a bond in the penal sum of $6,000 given by the defendants to the plaintiff to secure the performance by the Hatch Storage Battery Company of two agreements made by that company with the plaintiff. Writ dated August 15, 1901. In the Superior Court the case first was tried before Sherman, J. The defendant Clare had been defaulted for non-appearance, and the case was defended by the other four defendants.
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Contract, against five defendants, on a bond in the penal sum of $6,000 given by the defendants to the plaintiff to secure the performance by the Hatch Storage Battery Company of two agreements made by that company with the plaintiff. Writ dated August 15, 1901. In the Superior Court the case first was tried before Sherman, J. The defendant Clare had been defaulted for non-appearance, and the case was defended by the other four defendants. The jury returned a verdict for the plaintiff in the penal sum of the bond with interest; and the four contesting defendants alleged exceptions, which were…
1Opinion of the CourtSheldon, J.
The exception to the refusal of the judge to allow the plaintiff to file a claim for a trial by jury cannot be sustained. That question was to be determined by the judge as a matter of discretion and is not the subject of exceptions. Bailey v. Joy, *442132 Mass. 356. Vitrified Wheel & Emery Co. v. Edwards, 135 Mass. 591. Graham v. Lord, 170 Mass. 1. Stevens v. McDonald, 173 Mass. 382. Thompson v. King, 173 Mass. 439, 443. Gallagher v. Silberstein, 182 Mass. 20. Dolan v. Boott Cotton Mills, 185 Mass. 576. Clark v. Baker, 192 Mass. 226.
The question which lies at the foundation of the case is…
2Cases cited41 opinions
- Gillespie v. . TorranceNew York Court of Appeals · 1862
- Dolan v. Boott Cotton MillsMassachusetts Supreme Judicial Court · 1904
- Leggett v. HumphreysSupreme Court of the United States · 1859
- Elliott v. . BradyNew York Court of Appeals · 1908
- Graham v. MiddlebyMassachusetts Supreme Judicial Court · 1904
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3Cited by11 opinions
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- Solomon v. Boylston National BankMassachusetts Supreme Judicial Court · 1930
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