Potter v. Lapointe Machine Tool Co.
Massachusetts Supreme Judicial Court
Contract, between the parties afterwards described, upon an account annexed, the only item of the account being a charge of |-15 as a commission on the sale of one broaching machine. Writ in the Municipal Court of the City of Boston dated March 28, 1907. The defendant filed a motion to dismiss and also an answer in abatement.
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Contract, between the parties afterwards described, upon an account annexed, the only item of the account being a charge of |-15 as a commission on the sale of one broaching machine. Writ in the Municipal Court of the City of Boston dated March 28, 1907. The defendant filed a motion to dismiss and also an answer in abatement. The grounds stated in the motion to dismiss were as follows: “1. That it appears from the plaintiffs’ writ and declaration that the defendant is a corporation and that an attachment of its goods and chattels was made at Hudson in our county of Middlesex. “ 2. That it…
1Opinion of the CourtRugg, J.
The single question raised relates to the jurisdiction of the Municipal Court of the City of Boston. The case comes before us on exceptions to an order overruling the defendant’s plea in abatement, as well as by appeal from an order denying a motion to dismiss. This is proper practice under St. 1906, c. 342, which abrogates the rule expounded in Fenton v. Kane, 186 Mass. 136, and cases there cited.
This is an action at law brought in said court by copartners, having a usual place of business at Boston in the county of Suffolk," against a foreign corporation, having property and a usual place…
2Cases cited6 opinions
- Eliot v. McCormickMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. City of BostonMassachusetts Supreme Judicial Court · 1867
- Desper v. Continental Water Meter Co.Massachusetts Supreme Judicial Court · 1884
- Andrews v. Michigan Central RailroadMassachusetts Supreme Judicial Court · 1868
- Taunton & South Boston Turnpike Corp. v. WhitingMassachusetts Supreme Judicial Court · 1812
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Paige v. SinclairMassachusetts Supreme Judicial Court · 1921
- Lennon v. CohenMassachusetts Supreme Judicial Court · 1928
- United Drug Co. v. CordleyMassachusetts Supreme Judicial Court · 1921
- Cormier v. Pezrow New England, Inc.Massachusetts Supreme Judicial Court · 2002
- McGowin v. McGowinSupreme Court of Florida · 1936
6 more not listed; retrieve them via the Exa API.