Legal Opinion

Swarts v. Narragansett Electric Lighting Co.

Supreme Court of Rhode Island

Decided October 18, 1904PublishedCited by 9 opinions

Covenant. Heard oil motion to re-argue demurrer to pleas, decided in 26 R. I. 388.

1Opinion of the Court

(1) Stiness, C. J.

The plaintiff moves for a re-argument upon his demurrers to the defendant's pleas, claiming that the court erred in holding that the contract in question was not assignable, because the contract was between the parties “and their respective executors, administrators, successors, and assigns."

The court did not overlook these words, but it did not refer to them because it regarded them as general terms describing the parties who might enforce the contract, and not intended to control the body of the contract in the matter, of assignment, if its terms showed that it was of a…

2Cases cited3 opinions

  1. Arkansas Valley Smelting Co. v. Belden Mining Co.Supreme Court of the United States · 1888
  2. Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
  3. Shultz & Co. v. Johnson's AdministratorCourt of Appeals of Kentucky · 1845

3Cited by9 opinions

  1. J. L. Cooper & Co. v. Anchor Securities Co.Washington Supreme Court · 1941
  2. T & T Manufacturing Company, Jonathan Bradley Pens, Inc., Intervenor, the Quill Company, Inc., Second Intervenor v. A. T. Cross CompanyCourt of Appeals for the First Circuit · 1978
  3. Haugen v. SundsethSupreme Court of Minnesota · 1908
  4. Montgomery v. De PicotCalifornia Supreme Court · 1908
  5. T & T Manufacturing Co. v. A. T. Cross Co.District Court, D. Rhode Island · 1978

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