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99 Mass. 460

Petitcler v. Willis

Massachusetts Supreme Judicial Court

Decided September 15, 1868

Massachusetts Supreme Judicial Court · decided 1868-09-15

This was an action of tort against the former sheriff of Berkshire, prosecuted in the superior court by John C. Wolcott, (assuming to be attorney for the nominal plaintiff,) who placed an indorsement upon the writ before service, directing the defendant to “take notice that the claim and demand in this case belongs to John C. Wolcott, and no other person holds any right or interest in the same.” It appeared further by the record that the plaintiff of record filed a…

Cited by 1 later decisions — most recently October 1881

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1868-09-15

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Foster, J.

¶1The order to furnish an indorser was properly directed to Wolcott, the real party in interest, by whom alone the suit was prosecuted. The nominal plaintiff had upon the record disclaimed Wolcott’s right to use his name, and the action could be continued in court only upon the assumption that Wolcott was, as he claimed to be, entitled to use the name of the record plaintiff to enforce a claim equitably belonging to himself.

¶2The court in its discretion may in any case require an indorser, and the propriety of the exercise of such discretion cannot be revised by this court. Gen. Sts. c. 129, §§ 29, 32.

¶3Judgment dismissing the action affirmed.

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