West v. Platt

Decided November 20, 1874

Massachusetts Supreme Judicial Court · decided 1874-11-20

Contract against Isaac L. Platt and Edward A. Boyd, described in the writ as doing business in New York under the name and style of Platt & Boyd. John B. Sowle and Joseph Ward were summoned as trustees.

Relies on Vermilyea v. Roberts

Good law ✅— No negative treatment on recordhow we know

Decided 1874-11-20

How this case has been cited

Cited by 5 later decisions — most recently November 1951

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Gray, C. J.

¶1The answer of the trustees admits that they were indebted to a firm of Platt & Boyd. Boyd was correctly named in the writ, and the error in Platt’s Christian name was cured by the amendment. The payment by the trustees, after service of the writ, and before the amendment, to the principal defendant, taking a bond of indemnity from him, did not alter their condition. Judgment against the trustees will protect them against any claim of the defendant. No other party having acquired intervening rights, by attachment or otherwise, the trustees were properly charged in the court below. Gen. Sts. c. 142, § 37. Vermilyea v. Roberts, 103 Mass. 410.

¶2Judgment affirmed.