Perkins v. Frank J. Cole, Inc.
Perkins v. Frank J. Cole, Inc.
Opinion of the Court
On November 12, 1941, the plaintiff was struck and injured on Shawmut Avenue in Boston by a motor vehicle owned by the defendant and operated by its agent or servant. The only question presented is whether the judge was in error in directing a verdict for the defendant on the second count of the plaintiff’s declaration, in which the plaintiff alleged that the defendant’s motor vehicle was “illegally registered and a nuisance on the highway.”
The application for registration was signed “Frank J. Cole Inc by G. W. Cole Sec.” This was the correct signature of the defendant in the name by which it is described in the writ in this action, wherein it is alleged to be “a corporation duly organized by law.” Below the signature after the printed words “Print last name” appears in typewriting the name “Cole.” The contention that the registration was illegal is based upon the answer given to question 9 and the failure to answer question 10 of the application. Question 9 was in two parts. The first part read, “Is this vehicle owned by you individually? (Answer Yes or No).” To this the answer was “Yes.” The second part read, “Or is it owned Jointly or by a Co-partnership Association or Corporation .” This part was not answered. Question 10, which also was not answered, read, “If owned jointly or by a concern give the name and address.” Question 11, which must also be considered in this connection, read so far as material, “Massachusetts resi
In Dunn v. Merrill, 309 Mass. 174, at page 176, we said, with citation of the cases, “Not every inaccuracy or omission, especially in respect to requirements not expressly set forth in the statute itself, will invalidate a registration.” This statement is applicable here. We think the case at bar is to be classed with Dunn v. Merrill rather than with Furtado v. Humphrey, 284 Mass. 570, upon which the plaintiff principally relies, and that it is distinguishable from the latter case on the ground that in that case the form of the signature upon the application when it was filed, taken in connection with the preceding answers, showed that the application was made by the signer as an individual, whereas the form of signature in the case at bar, even when taken
Exceptions overruled.
Reference
- Full Case Name
- Arthur W. Perkins v. Frank J. Cole, Inc.
- Cited By
- 1 case
- Status
- Published