Tucker v. Utley
Massachusetts Supreme Judicial Court
Contract, by John S. Tucker, C. J. Weiser, and Ben Bear, doing business in Lake Benton, in the State of Minnesota, under the name of the North Star Creamery Company, to recover the proceeds of sales of butter forwarded by them to the defendants. Trial in the Superior Court, before Hammond, J., who directed a verdict for the plaintiffs; and the surviving defendant alleged exceptions,, the nature of which appears in the opinion.
1Opinion of the CourtKnowlton, J.
The ruling that the action might proceed against the surviving defendant was correct. Pub. Sts. c. 165, §§ 12,13. New Haven & Northampton Co. v. Hayden, 119 Mass. 361. Ricker v. Gerrish, 124 Mass. 367. Colt v. Learned, 133 Mass. 409.
The depositions were rightly admitted. It is not necessary that the name of the magistrate should be inserted in the commission if there is a proper designation by official title of the persons who may take the deposition. The form used in this case was in accordance with the rule of the Superior Court, made under the provisions of Pub. Sts. c. 169, § 40, and was…
2Cases cited8 opinions
- New Haven & Northampton Co. v. HaydenMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. CooperMassachusetts Supreme Judicial Court · 1881
- Hedden v. RobertsMassachusetts Supreme Judicial Court · 1883
- Colt v. LearnedMassachusetts Supreme Judicial Court · 1882
- Davis v. GalloupeMassachusetts Supreme Judicial Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Squires v. CobbMassachusetts Supreme Judicial Court · 1936