Legal Opinion

Burr v. Commonwealth

Massachusetts Supreme Judicial Court

Decided September 12, 1912PublishedCited by 11 opinions

Petition, filed in the Superior Court on January 10, 1907, and amended on April 3, 1907, by the trustee in bankruptcy of the H. P. Cummings Company, a corporation, under R. L. c. 201 to recover a balance of $7,732.68 alleged to be due to the petitioner for the construction of a building at Foxborough under a contract between the petitioner’s bankrupt and the Commonwealth as represented by the board of trustees of the Foxborough State Hospital.

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Petition, filed in the Superior Court on January 10, 1907, and amended on April 3, 1907, by the trustee in bankruptcy of the H. P. Cummings Company, a corporation, under R. L. c. 201 to recover a balance of $7,732.68 alleged to be due to the petitioner for the construction of a building at Foxborough under a contract between the petitioner’s bankrupt and the Commonwealth as represented by the board of trustees of the Foxborough State Hospital. On April 16, 1907, the Commonwealth filed a petition under R. L. c. 173, § 37, admitting its liability and that the amount thereof was not disputed,…

1Opinion of the CourtHammond, J.

This case was submitted to the Superior Court on the pleadings and an agreed statement of facts, with the right in the court to draw inferences of fact from the facts stated; and the case is before us upon the petitioner’s appeal from the final judgment entered in accordance with the finding and ruling of the court disallowing interest. The only questions relate to the matter of interest.

1. As to the claim for interest on the unpaid balance of the contract price from January 10, 1907, the date of the filing of the petition, to March 24, 1910, when the claimants were paid.

The petitioner…

2Cases cited6 opinions

  1. Nash v. CommonwealthMassachusetts Supreme Judicial Court · 1899
  2. Burr v. Massachusetts School for the Feeble-MindedMassachusetts Supreme Judicial Court · 1908
  3. Norris v. Massachusetts Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1881
  4. Smith v. FlandersMassachusetts Supreme Judicial Court · 1880
  5. Converse v. Ware Savings BankMassachusetts Supreme Judicial Court · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Perkins School for the Blind v. Rate Setting CommissionMassachusetts Supreme Judicial Court · 1981
  2. Ratner v. HillMassachusetts Supreme Judicial Court · 1930
  3. Berkal v. M. De Matteo Construction Co.Massachusetts Supreme Judicial Court · 1951
  4. Goldman v. City of WorcesterMassachusetts Supreme Judicial Court · 1920
  5. Vaughan v. LemoineMassachusetts Supreme Judicial Court · 1953

6 more not listed; retrieve them via the Exa API.

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