Avery v. Russell
Avery v. Russell
125 Mass. 571; 1878 Mass. LEXIS 137
Cases that cite this one
2 later published cases cite this decision.
- Spitz v. Schwartz (Mass. Dist. Ct., App. Div. 1939)
- Kelly v. Greany (Mass. 1914)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.