New England Dredging Co. v. Rockport Granite Co.
Massachusetts Supreme Judicial Court
Bill in equity, filed July 3, by the plaintiff, to charge the Rockport Granite Company and the Cape Ann Granite Company, as partners with or equitable sureties of Clapp and Ballou, upon contracts under seal -between the two last and the plaintiff. The defendants demurred to the bill, on the ground that the plaintiff had a plain, complete, and adequate remedy at law, for want of equity, because of laches, for misjoinder of parties defendant, and for multifariousness.
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Bill in equity, filed July 3, by the plaintiff, to charge the Rockport Granite Company and the Cape Ann Granite Company, as partners with or equitable sureties of Clapp and Ballou, upon contracts under seal -between the two last and the plaintiff. The defendants demurred to the bill, on the ground that the plaintiff had a plain, complete, and adequate remedy at law, for want of equity, because of laches, for misjoinder of parties defendant, and for multifariousness. W. Allen, J., sustained the demurrer, and reserved the case for the consideration of the full court. The material facts appear…
1Opinion of the CourtHolmes, J.
This case comes before us upon demurrer to a bill brought to charge the defendants upon two instruments under seal, called contracts B and E,' by which the plaintiff covenanted to do certain dredging and filling, which it has done, and the other parties to the instruments agreed to pay for the work, which agreement has been but partially fulfilled. Contract B was a subcontract for part of the work called for by a contract under seal, made by the Rockport Granite Company and Clapp and Ballou with the Commonwealth, on September 29, 1873, to build sea walls and to do some filling upon South…
2Cases cited13 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- National Bank v. Grand LodgeSupreme Court of the United States · 1878
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- Russell v. AnnableMassachusetts Supreme Judicial Court · 1871
- Sprigg v. Bank of Mount PleasantSupreme Court of the United States · 1840
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3Cited by37 opinions
- Johnson-Foster Co. v. D'Amore Construction Co.Massachusetts Supreme Judicial Court · 1943
- Boyden v. HillMassachusetts Supreme Judicial Court · 1908
- Nash v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Union Old Lowell National Bank v. PaineMassachusetts Supreme Judicial Court · 1945
- Beacon Trust Co. v. SoutherMassachusetts Supreme Judicial Court · 1903
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