Massachusetts Reports (Volume 137-138); Cases Argued and Determined in the Supreme Judicial Court of Massachusetts (Paperback)

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1885. Not illustrated. Excerpt: ... COMPLAINT. 1. A formal defect in a complaint cannot be availed of for the first time in the Superior Court on appeal. Commonwealth v. Flannigan, 560. 2. If a complaint contains several counts, each charging a distinct larceny of the property of a different person, it is no ground for a motion to dismiss the complaint, on appeal in the Superior Court, that the record of the lower court shows that, on the complaint being read to the defendant, he was asked whether he was guilty or not guilty of the " offence " charged; that he pleaded not guilty and was tried, and convicted "of the offence aforesaid;" and that sentence was imposed "for the offence aforesaid." Commonwealth v. Holmes, 248. See Cruelty To Animals. COMPOSITION. If a debtor enters into an indenture with his creditors, which provides that all creditors are to become parties to the indenture, and by which he agrees to pay them, by promissory notes, a certain percentage of their respective claims, and they agree to accept this composition in full satisfaction and discharge of their claims, and the debtor, in order to induce some of his creditors to sign the indenture, pays them a larger percentage than that stipulated therein, without the knowledge of the other creditors who have signed it, one of the latter may maintain an action upon his claim against the debtor, without first returning the composition notes received by him, or their proceeds. Cobb v. Tirrell, 143. CONDITION. See Wat, 3. CONFLICT OF LAWS. See Assignment, 1. CONSPIRACY. No action lies by A. against B. for conspiracy between B. and C. in obtain- ing a judgment against A. in an action brought in a court of another State having jurisdiction of the subject matter and of the parties, in which A. appeared and answered, but was default...