Araban Coffee Co. v. Restaurant Associates, Inc.
Araban Coffee Co. v. Restaurant Associates, Inc.
Opinion of the Court
This is an action of contract in the Municipal Court of the City of Boston upon an account annexed for goods sold and delivered. The plaintiff and the defendant are each described in the writ as a Massachusetts corporation with a usual place of business in Boston in the county of Suffolk. Upon hearing an answer in abatement it was found that the defendant’s sole place of business was in Lynn in the county of Essex. The answer in abatement was overruled, the judge denying certain of the defendant’s requests for rulings. There was a trial on the merits, as to which no questions of law are reported, and there was a finding for the plaintiff. Thereafter the Appellate Division dismissed a report of questions of law raised at the hearing on the answer in abatement, and the defendant appealed.
The defendant’s argument, with which we agree, is that c. 223, § 8, establishes the county only in which a transitory action may be brought, and that in order to bring this action in a District Court there should also have been compliance with G. L. c. 223, § 2 (as amended through St. 1955, c. 158), which provided: “Except as provided in section twenty-one of chapter two hundred and eighteen
If the ruling of the court below is correct, the action could have been brought in the East Boston District Court, the Municipal Court of the West Roxbury District, the District Court of Chelsea, or any of the other District Courts in Suffolk County. That ruling also would require a similar result in cases within clause 4 of c. 223, § 8,
The interpretation of the court below was not that of this court in 1909, when there was occasion to consider a predecessor statute of G. L. c. 223, § 8, which was R. L. c. 167, § 7. In Potter v. Lapointe Machine Tool Co. 201 Mass. 557, the plaintiffs, copartners having a usual place of business in Boston, brought an action at law in the Municipal Court of the City of Boston against a foreign corporation having a
The Appellate Division sought to distinguish the Potter case, because it was decided prior to St. 1916, c. 174, the substance of much of which is now found in G. L. (Ter. Ed.) c. 218, § 4, which provides that District Courts “shall be courts of superior and general jurisdiction with reference to all cases and matters in which they have jurisdiction, and no order, decree, judgment, sentence, warrant, writ or process made, issued or pronounced by them need set out any adjudication or circumstances with greater particularity than would be required in other courts of superior and general. jurisdiction.” We fail to observe anything in this
We do not perceive that the plaintiff is aided by the fact that G. L. c. 223, § 7, was amended by St. 1923, c. 111, by providing that the section should not apply to actions that may be brought in a District Court. It surely does not indicate an intent to extend the provisions of § 2.
Since the date of the writ in the case at bar the second sentence in § 2 (as amended through St. 1955, c. 158) has been amended by substituting “may” for “shall.” St. 1958, c. 369, § 1A. This does not look as though the Legislature intended that a corporation should bring a motor tort action in any court in any county permitted by § 2. See Loomer v. Dionne, 338 Mass. 348, 352.
The requests for rulings should have been given. The order dismissing the report is reversed. The answer in abatement is sustained, and the writ is abated.
So ordered.
“1. This court does not have jurisdiction over the corporate defendant. 2. If the defendant does not have an usual or principal place of business within the venue of this court, the writ must abate. 3. Under the provisions of G. L. (Ter. Ed.) c. 223, § 2, the plaintiff’s writ must abate. 4. Venue in the above matter is improper.”
Section 21 relates to small claims procedure.
“(4) If one party is a corporation named in clause (1) or (2), and the other an individual, in any county in which the corporation might sue or be sued, or in the county in which the individual lives or has a usual place of business.”
“A transitory action in a police, district or municipal court shall be brought in the county in which one of the defendants lives or has his usual place of business.”
Reference
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- Araban Coffee Co., Inc. v. Restaurant Associates, Inc.
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