Barton v. Radclyffe
Massachusetts Supreme Judicial Court
Contract on a judgment brought, as recited in the writ, “for the benefit of George M. Rice, assignee ” of the judgment, which it was' alleged was recovered by the plaintiff against the defendant in the Superior Court, on July 12, 1879, and upon which an execution was duly issued and remained unsatisfied in part.
Read the full summary
Contract on a judgment brought, as recited in the writ, “for the benefit of George M. Rice, assignee ” of the judgment, which it was' alleged was recovered by the plaintiff against the defendant in the Superior Court, on July 12, 1879, and upon which an execution was duly issued and remained unsatisfied in part. The answer was as follows : “ The defendant says that he and George M. Rice, who is named as the beneficiary plaintiff in said action, were stock holders in a corporation called the ‘ Boston Journal of Commerce Publishing Company,’ the defendant owning and holding forty-two shares of…
1Opinion of the CourtDevens, J.
The defendant, in answer to the action brought in the name of the plaintiff, but for the benefit of Rice as assignee thereof, upon a judgment obtained by the plaintiff against him, relies upon the St. of 1883, c. 223, § 14. The first clause of this section provides that “ in actions at law in the said courts, the defendant shall be entitled to allege as a defence any facts that would entitle him in equity to be absolutely and unconditionally relieved against the plaintiff’s claim or cause of action, or against a judgment obtained by the plaintiff in such action.”
This answer alleges that, at…
2Cases cited6 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Embry v. PalmerSupreme Court of the United States · 1883
- Hendrickson v. HinckleySupreme Court of the United States · 1855
- Fisher v. FisherMassachusetts Supreme Judicial Court · 1867
- Barry v. CavanaghMassachusetts Supreme Judicial Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- J. P. Eustis Manufacturing Co. v. Saco Brick Co.Massachusetts Supreme Judicial Court · 1908
- Old Colony Boot & Shoe Co. v. Parker-Sampson-Adams Co.Massachusetts Supreme Judicial Court · 1903
- Corbett v. CravenMassachusetts Supreme Judicial Court · 1907
- Jump v. LeonMassachusetts Supreme Judicial Court · 1906
- Gabbett v. Connecticut General Life InsuranceMassachusetts Supreme Judicial Court · 1939
8 more not listed; retrieve them via the Exa API.