Avery v. Russell

Massachusetts Supreme Judicial Court

Avery v. Russell

125 Mass. 571, 1878 Mass. LEXIS 137

CourtMassachusetts Supreme Judicial Court

DecidedNovember 7, 1878

StatusPublished

Cited by2 cases

This text of 125 Mass. 571 (Avery v. Russell) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Avery v. Russell, 125 Mass. 571, 1878 Mass. LEXIS 137 (Mass. 1878).

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Opinion

By the Court.

Upon the facts stated in the bill of excep-

tions, it is quite clear that this action is not brought by Marsh, nor for his use or benefit, but is brought in the name of Avery for the use and benefit of Hale; and consequently no demand against Marsh can be set off in this action. Gen. Sts. c. 130, §§ 1, 11. Sheldon v. Kendall, 7 Cush. 217. It is therefore unnecessary to consider other objections to the set-off.

Exceptions overruled.

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By the Court.

Upon the facts stated in the bill of excep-

tions, it is quite clear that this action is not brought by Marsh, nor for his use or benefit, but is brought in the name of Avery for the use and benefit of Hale; and consequently no demand against Marsh can be set off in this action. Gen. Sts. c. 130, §§ 1, 11. Sheldon v. Kendall, 7 Cush. 217. It is therefore unnecessary to consider other objections to the set-off.

Exceptions overruled.

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Bluebook (online)

125 Mass. 571, 1878 Mass. LEXIS 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/avery-v-russell-mass-1878.

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