Smith v. Bowker-Torrey Co.
District Court, D. Massachusetts
In Equity. Suit by Albert O. Smith, conservator, and others, against the Bowker-Torrey Company. On demurrer and exceptions of Grafton Sanderson and the Waltham Trust Company to receiver’s petition for an accounting.
1Opinion of the Court
BROWN, District Judge.
[1] The receiver’s petition alleges that Sanderson acted in the matter- to- which the petition relates as agent for the Waltham Trust Company, that the fact of said agency was undisclosed, and that’ Sanderson pretended to be acting in an independent capacity. It also sets forth certain representations by Sander-son, charged to be false, and that by said representations certain sums were procured.
The demurrers raise the question whether the representations set forth constitute in law - such fraud as to entitle the receiver to a rescission.
i • It is at least doubtful…
2Cases cited5 opinions
- Kansas v. ColoradoSupreme Court of the United States · 1902
- Harris v. RosenbergerCourt of Appeals for the Eighth Circuit · 1906
- Virginia v. West VirginiaSupreme Court of the United States · 1907
- Rankin v. MillerU.S. Circuit Court for the District of Delaware · 1904
- Snyder v. De Forest Wireless Telegraph Co.U.S. Circuit Court for the District of Maine · 1907
3Cited by2 opinions
- Oneida Community, Ltd. v. Fouke Fur Co.District Court, D. Delaware · 1923
- Albee Godfrey Whale Creek Co. v. PerkinsDistrict Court, S.D. New York · 1933