Massachusetts Collecting & Rating Agency v. Crudeli

Supreme Court of Rhode Island

Massachusetts Collecting & Rating Agency v. Crudeli

74 A. 177, 30 R.I. 193, 1909 R.I. LEXIS 14

DecidedNovember 8, 1909

StatusPublished

This text of 74 A. 177 (Massachusetts Collecting & Rating Agency v. Crudeli) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Massachusetts Collecting & Rating Agency v. Crudeli, 74 A. 177, 30 R.I. 193, 1909 R.I. LEXIS 14 (R.I. 1909).

Pincite

Opinion

Blodgett, J.

The plaintiff corporation has sued in as-sumpsit for the amount of the membership fee claimed to be due in advance for the year 1908, under the terms of a written contract with -the defendant. The declaration, however, is not upon the contract, but contains only the common counts, and a count upon book account. The plaintiff was nonsuited in the Superior Court, upon the ground that the fee was not due at the time the action was brought; and to this decision of nonsuit the plaintiff has excepted.

*194 Fred L. Owen, for plaintiff. Everitte S. Chaffee, for defendant.

We are of the opinion that the plaintiff can not recover upon this declaration. Even if the contract had contained a clause requiring annual prepayment of the membership fee, recovery could not be had on a count upon book account or on the common counts, but the plaintiff should have declared specifically upon the executory contract upon which he relies as his cause of action. 1 Chitty on Pleading, 340.

The plaintiff’s exceptions are overruled, and the case is remitted to the Superior Court with direction to enter judgment as of nonsuit.

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Blodgett, J.

The plaintiff corporation has sued in as-sumpsit for the amount of the membership fee claimed to be due in advance for the year 1908, under the terms of a written contract with -the defendant. The declaration, however, is not upon the contract, but contains only the common counts, and a count upon book account. The plaintiff was nonsuited in the Superior Court, upon the ground that the fee was not due at the time the action was brought; and to this decision of nonsuit the plaintiff has excepted.

*194 Fred L. Owen, for plaintiff. Everitte S. Chaffee, for defendant.

We are of the opinion that the plaintiff can not recover upon this declaration. Even if the contract had contained a clause requiring annual prepayment of the membership fee, recovery could not be had on a count upon book account or on the common counts, but the plaintiff should have declared specifically upon the executory contract upon which he relies as his cause of action. 1 Chitty on Pleading, 340.

The plaintiff’s exceptions are overruled, and the case is remitted to the Superior Court with direction to enter judgment as of nonsuit.

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Bluebook (online)

74 A. 177, 30 R.I. 193, 1909 R.I. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massachusetts-collecting-rating-agency-v-crudeli-ri-1909.