Wilkinson v. Stitt
Massachusetts Supreme Judicial Court
Bill in equity, by the plaintiff Wilkinson, and two others, on behalf of themselves and other members of the Thistle Road Club, against the defendant Stitt, and four others, and all other members of the New Bedford Cycle Club and the Crescent Cycle Club, the bill alleging that the Thistle Road Club and the New Bedford Cycle Club “ are both voluntary associations or clubs, each having a large number of members, too numerous to name in this bill of complaint;” and that the…
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Bill in equity, by the plaintiff Wilkinson, and two others, on behalf of themselves and other members of the Thistle Road Club, against the defendant Stitt, and four others, and all other members of the New Bedford Cycle Club and the Crescent Cycle Club, the bill alleging that the Thistle Road Club and the New Bedford Cycle Club “ are both voluntary associations or clubs, each having a large number of members, too numerous to name in this bill of complaint;” and that the Crescent Cycle Club “ is a corporation duly organized according to law and located in said New Bedford.” The prayer was…
1Opinion of the CourtHammond, J.
One of the grounds of demurrer is that the plaintiffs have a complete and adequate remedy at law, namely, replevin to recover the cup or trover for damages.
*583The bill sets out in substance that this cup is held by the defendants under a certain agreement in the nature of a trust by the terms of which the cup was to be “ raced for for three consecutive years, to wit, the years 1896,1897, and 1898,” on Labor Day of each year, “ the cup to be delivered by the club holding the same immediately after such a race to the club represented by the bicycle team winning said race, and said cup to become…
2Cases cited3 opinions
- Holden v. HoytMassachusetts Supreme Judicial Court · 1883
- Sandford v. WrightMassachusetts Supreme Judicial Court · 1895
- Smith v. WilliamsMassachusetts Supreme Judicial Court · 1875
3Cited by14 opinions
- City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1940
- Crimmins & Peirce Co. v. Kidder Peabody Acceptance Corp.Massachusetts Supreme Judicial Court · 1933
- City of Boston v. SantosuossoMassachusetts Supreme Judicial Court · 1937
- Ramsey v. RamseySupreme Court of Pennsylvania · 1945
- Western Union Telegraph Co. v. FosterMassachusetts Supreme Judicial Court · 1916
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