Brown v. Corey
Massachusetts Supreme Judicial Court
Bill in equity, filed November 6, 1905, against a firm of stockbrokers in Boston, alleging “ that on or about September 20, 1904, and subsequently, the plaintiff entrusted to the defendants certain sums of money, amounting in all to $6,725.75, for the purpose of having the defendants purchase for him certain shares of' stocks, bonds and other securities, the total value of which would at all times exceed the amount so paid by the plaintiff; that the defendants agreed to…
Read the full summary
Bill in equity, filed November 6, 1905, against a firm of stockbrokers in Boston, alleging “ that on or about September 20, 1904, and subsequently, the plaintiff entrusted to the defendants certain sums of money, amounting in all to $6,725.75, for the purpose of having the defendants purchase for him certain shares of' stocks, bonds and other securities, the total value of which would at all times exceed the amount so paid by the plaintiff; that the defendants agreed to purchase such securities, charging the plaintiff therefor in each instance a brokerage commission, and also charging the…
1Opinion of the CourtMorton, J.
In order to enable the plaintiff to maintain his bill it must appear from the allegations contained in it “ that there was a fiduciary relation between the parties ... or that the account is so complicated that it cannot be conveniently taken in an action at law.” Badger v. McNamara, 123 Mass. 117. The relation between the defendants and the plaintiff disclosed by the • bill is, it seems to us, the ordinary relation between a broker and his client or customer which, though it involves a certain amount of trust and confidence in the broker on the part of the customer, is not a fiduciary…
2Cases cited5 opinions
- Chase v. City of BostonMassachusetts Supreme Judicial Court · 1902
- Badger v. McNamaraMassachusetts Supreme Judicial Court · 1877
- Gunn v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
- Florence Sewing Machine Co. v. Grover & Baker Sewing Machine Co.Massachusetts Supreme Judicial Court · 1872
- Ward v. PeckMassachusetts Supreme Judicial Court · 1873
3Cited by20 opinions
- Commonwealth v. KingMassachusetts Supreme Judicial Court · 1909
- Fur & Wool Trading Co. v. George I. Fox, Inc.New York Court of Appeals · 1927
- Furber v. DaneMassachusetts Supreme Judicial Court · 1910
- Kaufman v. BuckleyMassachusetts Supreme Judicial Court · 1933
- Ball v. HarrisonMassachusetts Supreme Judicial Court · 1943
15 more not listed; retrieve them via the Exa API.