Barry v. New York Holding & Construction Co.
Massachusetts Supreme Judicial Court
Contract, begun by trustee process, for alleged breach of an agreement to employ the plaintiff. Writ dated November 22, 1913. The proceedings at a previous stage of this case are reported in 226 Mass. 14. After the rescript accompanying the opinion there reported, the defendant obtained its discharge in bankruptcy, filed a certified copy of it and pleaded it in bar of the action.
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Contract, begun by trustee process, for alleged breach of an agreement to employ the plaintiff. Writ dated November 22, 1913. The proceedings at a previous stage of this case are reported in 226 Mass. 14. After the rescript accompanying the opinion there reported, the defendant obtained its discharge in bankruptcy, filed a certified copy of it and pleaded it in bar of the action. The plaintiff then moved for a general judgment against the defendant by the following motion in writing: “Now comes the plaintiff in the above entitled cause, after re-script from the Supreme Judicial Court, and…
1Opinion of the CourtPierce, J.
After rescript, in Barry v. New York Holding & Construction Co. 226 Mass. 14, the defendant therein obtained its discharge in bankruptcy and pleaded it as a defence to the action. The plaintiff then moved for a general judgment against the defendant, not seeking a special judgment under R. L. c. 177. The motion was allowed and it was ordered “that judgment be entered . . . and that execution on said judgment be-perpetually stayed.” The sole question presented by the exceptions of the defendant and its trustee in bankruptcy is, whether the court properly could order such a judgment to be…
2Cases cited11 opinions
- Hill v. HardingSupreme Court of the United States · 1889
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
- Powell v. LeavittCourt of Appeals for the First Circuit · 1907
- Bates v. TappanMassachusetts Supreme Judicial Court · 1868
- Barry v. New York Holding & Construction Co.Massachusetts Supreme Judicial Court · 1917
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- E. S. Parks Shellac Co. v. HarrisMassachusetts Supreme Judicial Court · 1921
- Cosmopolitan Trust Co. v. Suffolk Knitting MillsMassachusetts Supreme Judicial Court · 1924
- Berry Clothing Co. v. ShopnickMassachusetts Supreme Judicial Court · 1924
- MANUFACTURERS'FINANCE CORPORATION v. Vye-Neill Co.Court of Appeals for the First Circuit · 1933
- Manufacturers' Finance Corp. v. Vye-Neill Co.District Court, D. Massachusetts · 1930
5 more not listed; retrieve them via the Exa API.