Taft v. Church
Massachusetts Supreme Judicial Court
Contract, against Herbert B. Church and Fred D. Goode, copartners under the name of Herbert B. Church and Com-pony, upon a written agreement signed by Church in the firm name. After the former decision, reported 162 Mass. 527, overruling the exceptions of the defendant Church, and sustaining the exceptions of the defendant Goode, the defendants filed in the Superior Court motions for a new trial and in arrest of judgment.
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Contract, against Herbert B. Church and Fred D. Goode, copartners under the name of Herbert B. Church and Com-pony, upon a written agreement signed by Church in the firm name. After the former decision, reported 162 Mass. 527, overruling the exceptions of the defendant Church, and sustaining the exceptions of the defendant Goode, the defendants filed in the Superior Court motions for a new trial and in arrest of judgment. These motions came on to be heard before Bishop, J., who overruled them. The plaintiff thereupon, by leave of court, discontinued as to the defendant Goode; and the judge,…
1Opinion of the CourtField, C. J.
It was within the power of the Superior Court to allow the plaintiff to discontinue the action as to the defendant Goode. Gray v. Cook, 135 Mass. 189.
The contention of the defendants is that the finding should have been amended so as to show a finding against Church alone. In this case, as reported 162 Mass. 527, 533, it is said in the opinion: “ Although the action is against two persons as partners, and one only is held liable, judgment may be entered against him alone, under the Pub. Sts. c. 171, § 5, and no amendment of the declaration is necessary.” See Wiggin v. Lewis, 12 Cush. 486;…
2Cases cited4 opinions
- Merchants' Insurance Co. of Providence v. AbbottMassachusetts Supreme Judicial Court · 1881
- Taft v. ChurchMassachusetts Supreme Judicial Court · 1895
- Gray v. CookMassachusetts Supreme Judicial Court · 1883
- Downing v. CoyneMassachusetts Supreme Judicial Court · 1876
3Cited by6 opinions
- Brown v. ThayerMassachusetts Supreme Judicial Court · 1912
- Statkunas v. L. Promboim & Son Inc.Massachusetts Supreme Judicial Court · 1931
- Lee v. BlodgetMassachusetts Supreme Judicial Court · 1913
- Cunningham v. DavisMassachusetts Supreme Judicial Court · 1900
- Roxbury Painting & Decorating Co. v. NuteMassachusetts Supreme Judicial Court · 1919
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