Dorr v. Tremort National Bank
Massachusetts Supreme Judicial Court
Bill ir equity, filed October 26,1875, alleging that, on June 13,1870, the plaintiff was the owner of forty-one shares in the capital stock of the defendant corporation, standing in her name on its books, and held a certificate therefor; that prior to that time she had employed Abraham Jackson to collect the dividends on these shares, and had entrusted to him the certificate thereof; that Jackson, without the authority of the plaintiff, fraudulently caused Henshaw & Brother,…
Read the full summary
Bill ir equity, filed October 26,1875, alleging that, on June 13,1870, the plaintiff was the owner of forty-one shares in the capital stock of the defendant corporation, standing in her name on its books, and held a certificate therefor; that prior to that time she had employed Abraham Jackson to collect the dividends on these shares, and had entrusted to him the certificate thereof; that Jackson, without the authority of the plaintiff, fraudulently caused Henshaw & Brother, a firm of stock auctioneers, on or about June 13, 1870, to sell thirty-nine of her shares, and caused the certificate…
1Opinion of the CourtGray, C. J.
1. In the practice of most courts of chancery, a bill of exceptions is unknown, and the rulings of a judge presiding at the trial by jury of issues out of chancery can be revised only upon motion for a new trial in the court which ordered the issues. Lewis v. Armstrong, 3 Myl. & K. 45; 2 Cr. & M. 274. Clayton v. Nugent, 8 Jur. 867; S. C. 1 Collyer, 362; 13 M. & W. 200. Fxparte Story, 12 Pet. 339. Watt v. Starke, 101 U. S. 247. But by the statutes of this Commonwealth, and the practice of this court under them, bills of exceptions have long been allowable in cases in equity, as well as in…
2Cases cited29 opinions
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1869
- Ex Parte Story v. StorySupreme Court of the United States · 1838
24 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Pigeon's CaseMassachusetts Supreme Judicial Court · 1913
- Minot v. MinotMassachusetts Supreme Judicial Court · 1946
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Stoneham Five Cents Savings Bank v. JohnsonMassachusetts Supreme Judicial Court · 1936
25 more not listed; retrieve them via the Exa API.