Forino Co. v. Karnheim
Massachusetts Supreme Judicial Court
Bill in equity for an accounting, annexed to a writ of summons and attachment dated June 7, 1918. The allegations of the bill, so far as now material, in substance-were (fourth paragraph) that early "in the year 1916 the plaintiff and the defendant entered into an agreement, by the terms of which each in consideration of the promise of the other promised to the other that each should have one-half of the net profits of the business thereafter done by the other, and after the…
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Bill in equity for an accounting, annexed to a writ of summons and attachment dated June 7, 1918. The allegations of the bill, so far as now material, in substance-were (fourth paragraph) that early "in the year 1916 the plaintiff and the defendant entered into an agreement, by the terms of which each in consideration of the promise of the other promised to the other that each should have one-half of the net profits of the business thereafter done by the other, and after the manner of the similar arrangement which up to that time had subsisted for many years between the plaintiff and one…
1Opinion of the CourtBraley, J.
The motions to recommit, and to set aside the master’s report, and that the evidence be reported, were addressed to the sound discretion of the judge, whose denial of each motion shows no abuse of his power. Smith v. Lloyd, 224 Mass. 173, 175, and cases there collected. Hannaberry v. Green, 225 Mass. 201.
The defendant moreover at the hearing on his exceptions had the benefit of a review by the judge of all the evidence and arguments of counsel before the master, which by consent of parties had been transcribed for his use. The exceptions to the master’s refusal to make the findings requested…
2Cases cited15 opinions
- Kennedy v. WelchMassachusetts Supreme Judicial Court · 1907
- Warfield v. AdamsMassachusetts Supreme Judicial Court · 1913
- Danforth v. ChandlerMassachusetts Supreme Judicial Court · 1921
- Bradley v. BordenMassachusetts Supreme Judicial Court · 1916
- Smith v. LloydMassachusetts Supreme Judicial Court · 1916
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3Cited by8 opinions
- Cumberland Corp. v. MetropoulosMassachusetts Supreme Judicial Court · 1922
- Webster v. KellyMassachusetts Supreme Judicial Court · 1931
- Warner v. WinnTexas Supreme Court · 1946
- First National Bank v. HarrisonMassachusetts Supreme Judicial Court · 1930
- Putnam v. HandyMassachusetts Supreme Judicial Court · 1924
3 more not listed; retrieve them via the Exa API.