Legal Opinion
Rainault v. Evarts
Massachusetts Supreme Judicial Court
Decided March 13, 1937PublishedCited by 8 opinions
1Opinion of the CourtLummus, J.
This is an action of contract. The words of description following the name of the defendant in the writ, “assignee for the benefit of creditors of Louis Wernick,” are surplusage, for common law practice knows no action against one in his capacity as such assignee. If the defendant is liable at all in this action, judgment and execution will run against him as an individual. Alfano v. Donnelly, 285 Mass. 554, 555. Gerber v. Berstein, 295 Mass. 132, 135-137,
*592On July 27, 1927, the plaintiffs gave a written lease under seal to Louis and Harry Wernick, partners in the phonograph business, of a…
2Cases cited56 opinions
- City Bank Farmers Trust Co. v. Irving Trust Co.Supreme Court of the United States · 1937
- Merrimac Chemical Co. v. MooreMassachusetts Supreme Judicial Court · 1932
- Deane v. CaldwellMassachusetts Supreme Judicial Court · 1879
- Hastings v. LovejoyMassachusetts Supreme Judicial Court · 1885
- Fitchburg Cotton Manufactory Corp. v. MelvenMassachusetts Supreme Judicial Court · 1818
51 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sprague v. Rust Master Chemical Corp.Massachusetts Supreme Judicial Court · 1947
- Merchants Discount Co. v. Federal Street Corp.Massachusetts Supreme Judicial Court · 1938
- Silverman v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1944
- Shawsheen Manor Corp. v. ColantinoMassachusetts Supreme Judicial Court · 1953
- DeWolf v. CastelianoMassachusetts District Court, Appellate Division · 1944
3 more not listed; retrieve them via the Exa API.