McCarthy v. Gordon
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court as amended on November 10,1910, for an accounting. The case was heard by Pierce, J., who, upon a question raised by the defendant during the hearing, ruled “that it was open to him, in case he found that the plaintiff was entitled to an accounting, also on the same trial to determine what amount, if any, the plaintiff was entitled to recover.”
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Bill in equity, filed in the Superior Court as amended on November 10,1910, for an accounting. The case was heard by Pierce, J., who, upon a question raised by the defendant during the hearing, ruled “that it was open to him, in case he found that the plaintiff was entitled to an accounting, also on the same trial to determine what amount, if any, the plaintiff was entitled to recover.” At the close of the evidence, the defendant asked the judge to make the following ruling: “Upon this hearing the only decree for the plaintiff that can be entered is a decree ordering an accounting or…
1Opinion of the CourtMorton, J.
The only question in this case is whether in case the judge found that the plaintiff was entitled to an accounting, as he did, it was open to him at the same trial to determine the amount, if any, which the plaintiff was entitled to recover. The matter is too plain for discussion. The practice no doubt is to send matters of account to a master, but it was optional with the judge to settle the account himself or send it to a master as he saw fit. The defendant admitted that the taking of the account at that time would not operate as a surprise to him. He is not shown to have been prejudiced in…
2Cited by2 opinions
- Pollack v. Carlye Dress Corp.District Court, E.D. Missouri · 1948
- Braecklein v. BraeckleinCourt of Appeals of Maryland · 1921