Wood v. Farmer
Massachusetts Supreme Judicial Court
Contract, in two counts, each upon an agreement in writing. Writ in the Superior Court for the county of Bristol dated December 18, 1903. The agreement upon which the first count was based was in substance as follows: “ Agreement made this 16th day of July, A. D. 1903, between Paul W. Abbott . . . and A. 1ST. White . . . parties of the first part, the Commonwealth Securities Company, a corporation . . . party of the second part, and the other persons whose names are hereto…
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Contract, in two counts, each upon an agreement in writing. Writ in the Superior Court for the county of Bristol dated December 18, 1903. The agreement upon which the first count was based was in substance as follows: “ Agreement made this 16th day of July, A. D. 1903, between Paul W. Abbott . . . and A. 1ST. White . . . parties of the first part, the Commonwealth Securities Company, a corporation . . . party of the second part, and the other persons whose names are hereto subscribed, and hereinafter designated as the Guarantors, parties of the third part. “ Whereas, certain persons have…
1Opinion of the CourtKnowlton, C. J.
The defendant filed a paper which is entitled “ Motion to Dismiss and Demurrer.” It begins by stating" that six other persons whose names are given are necessary parties defendant in the suit, and avers that therefore the defendant should not be held to answer, and the writ should be abated and the action dismissed. This is an answer in abatement, and it properly raises the first question in the case. Then follows, in the same paper, without waiving the preceding answer, a demurrer setting up these and other facts as grounds of the demurrer. Ho question is raised by either party on the…
2Cases cited3 opinions
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3Cited by12 opinions
- Colt v. FradkinMassachusetts Supreme Judicial Court · 1972
- Lee v. BlodgetMassachusetts Supreme Judicial Court · 1913
- Reios v. MardisCalifornia Court of Appeal · 1912
- Goldstein v. KatzMassachusetts Supreme Judicial Court · 1950
- Murphy v. Luthy Battery Co.California Court of Appeal · 1925
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