(Download) "Styrnbrough v. Cambridge Sav. Bank" by Supreme Judicial Court of Massachusetts ~ Book PDF Kindle ePub Free
eBook details
- Title: Styrnbrough v. Cambridge Sav. Bank
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 06, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
FIELD, Justice. This action of contract or tort was brought in the Superior Court. Claim by the plaintiff for a jury trial was endorsed on the writ. The defendant also claimed a jury trial. The defendant filed on the same day a demurrer on the sole ground that the declaration does not set forth sufficient facts to entitle the plaintiff to maintain his action, a so called plea in bar setting up the defence of adjudication by a previous case, and an answer denying generally the allegations of the declaration. The demurrer was overruled and the defendant appealed. A motion by the defendant to amend its plea in bar was allowed and the plaintiff appealed. The plea in bar as amended was sustained -- as appears from a copy of the docket entries transmitted to this court (G.L.[Ter.Ed.] c. 231, § 135, Churchill v. Churchill, 239 Mass. 443, 445, 446, 132 N.E. 185) -- and the plaintiff appealed. The defendant moved in this court that the appeal last referred to be dismissed.