Lord v. Harte
Massachusetts Supreme Judicial Court
Bill IN equity, filed September 17,1874, under the Gen. Sts. a. 113, § 2, against Bret Harte, of Morristown, in the State of New Jersey, and the members of the firm of J. B. Osgood & Company, of Boston, alleging that in 1874 the plaintiff recovered judgment against Harte for 11153.76, in an action brought by them in the Superior Court of the city of New York; that the judgment was wholly unsatisfied at the filing of this bill; that Harte was an author of some reputation, and…
Read the full summary
Bill IN equity, filed September 17,1874, under the Gen. Sts. a. 113, § 2, against Bret Harte, of Morristown, in the State of New Jersey, and the members of the firm of J. B. Osgood & Company, of Boston, alleging that in 1874 the plaintiff recovered judgment against Harte for 11153.76, in an action brought by them in the Superior Court of the city of New York; that the judgment was wholly unsatisfied at the filing of this bill; that Harte was an author of some reputation, and had written works in prose and poetry, which had been collected and published in several volumes, and had a large and…
1Opinion of the CourtDevens, J.
The plaintiffs have recovered judgment against Harte for the sum set forth in their bill, but even if they would have been entitled, if they had brought an action at law against Harte, and summoned Osgood & Co. as trustees, to receive the amount which had already been earned at the date of this process, at the time when by the terms of the contract it should become payable, such sum would not be enough to pay the judgment.
The existence of an imperfect remedy at law will not prevent a plaintiff from maintaining a bill in equity; that it should have such effect, the remedy there afforded should…
2Cases cited6 opinions
- Jones v. NewhallMassachusetts Supreme Judicial Court · 1874
- Barry v. AbbotMassachusetts Supreme Judicial Court · 1868
- Tucker v. McDonaldMassachusetts Supreme Judicial Court · 1870
- Anthracite Insurance v. SearsMassachusetts Supreme Judicial Court · 1872
- Vantine v. MorseMassachusetts Supreme Judicial Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bethlehem Fabricators, Inc. v. H. D. Watts Co.Massachusetts Supreme Judicial Court · 1934
- Westminster National Bank v. GrausteinMassachusetts Supreme Judicial Court · 1930
- Blinn v. DameMassachusetts Supreme Judicial Court · 1911
- Rosenthal v. MaletzMassachusetts Supreme Judicial Court · 1948
- Stockbridge v. MixerMassachusetts Supreme Judicial Court · 1917
5 more not listed; retrieve them via the Exa API.