Hathaway v. Stone
Massachusetts Supreme Judicial Court
Contract for a balance of $1,756.50 alleged to be due under a contract in writing dated May 8, 1906, by which the partners of a firm of contractors, doing business under the name of A. Hathaway’s Sons, agreed to make certain alterations of and additions to a house of the defendant numbered 365 on Marlborough Street in Boston. Writ dated December 1,1908. In the Superior Court the case was heard by Irwin, J., without a jury.
Read the full summary
Contract for a balance of $1,756.50 alleged to be due under a contract in writing dated May 8, 1906, by which the partners of a firm of contractors, doing business under the name of A. Hathaway’s Sons, agreed to make certain alterations of and additions to a house of the defendant numbered 365 on Marlborough Street in Boston. Writ dated December 1,1908. In the Superior Court the case was heard by Irwin, J., without a jury. A change in the parties, made improperly upon the death of one of the plaintiffs, is explained in the opinion. The case had been referred to W. H. H. Emmons, Esquire, as…
1Opinion of the CourtSheldon, J.
After the death of one of the partners by whom the action was brought, and after the auditor’s report had been filed, the executrix of the will of the deceased partner came in as a party plaintiff and the case since then has been prosecuted by her and the surviving partner together, instead of the latter alone, as should have been done. Walker v. Maxwell, 1 Mass. 104. See Lee v. Blodget, 214 Mass. 374. As, however, no question with regard to this erroneous procedure has been raised by the exceptions, we merely call attention to the matter that it may not be thought to have been approved by…
2Cases cited10 opinions
- Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
- Handy v. BlissMassachusetts Supreme Judicial Court · 1910
- Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
- Norcross v. WymanMassachusetts Supreme Judicial Court · 1904
- Norcross Bros. v. VoseMassachusetts Supreme Judicial Court · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Clark v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1917
- Benjamin Foster Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
- Walsh v. CornwellMassachusetts Supreme Judicial Court · 1930
- Coleman Bros. v. CommonwealthMassachusetts Supreme Judicial Court · 1940
- Morgan v. Town of BurlingtonMassachusetts Supreme Judicial Court · 1944
7 more not listed; retrieve them via the Exa API.