Legal Opinion

Lait v. Sears

Massachusetts Supreme Judicial Court

Decided February 28, 1917PublishedCited by 15 opinions

Two actions of contract, each to recover a balance alleged to be due on a judgment recovered on March 3,1913, in the Superior Court, where the original cases were tried together, the judgments being respectively for consequential and for direct damages for personal injuries sustained by the plaintiff in the second case by reason of the negligence of the defendant’s agent in operating a motor car.

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Two actions of contract, each to recover a balance alleged to be due on a judgment recovered on March 3,1913, in the Superior Court, where the original cases were tried together, the judgments being respectively for consequential and for direct damages for personal injuries sustained by the plaintiff in the second case by reason of the negligence of the defendant’s agent in operating a motor car. Writs dated July 29, 1914. In the Superior Court the cases were tried together before Hardy, J., without a jury. The facts shown by the evidence and found by the judge are stated in the opinion. The…

1Opinion of the CourtRugg, C. J.

These are actions to recover the balance due upon judgments conceded to have been recovered by the plaintiffs for personal injuries against the defendant. The defence in substance is, that the defendant claimed to be insured against loss arising from injuries like those sustained by the plaintiffs, but that liability on his policy was denied by the insurance company; that he thereupon after the recovery of the judgments by the plaintiffs entered into an agreement with them, which is printed above in the statement of the case. Five thousand dollars was paid by the defendant to the plaintiffs’…

2Cases cited6 opinions

  1. Brown v. South Boston Savings BankMassachusetts Supreme Judicial Court · 1889
  2. Way v. GreerMassachusetts Supreme Judicial Court · 1907
  3. Bruce v. AndersonMassachusetts Supreme Judicial Court · 1900
  4. Weber v. CouchMassachusetts Supreme Judicial Court · 1883
  5. Smith v. JohnsonMassachusetts Supreme Judicial Court · 1916

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. International Paper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1919
  2. McFaden v. NordblomMassachusetts Supreme Judicial Court · 1940
  3. Barnett v. RosenMassachusetts Supreme Judicial Court · 1920
  4. Emo v. Milbank Mutual Insurance CompanyNorth Dakota Supreme Court · 1971
  5. Brooks v. BennettMassachusetts Supreme Judicial Court · 1931

10 more not listed; retrieve them via the Exa API.

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