Legal Opinion · Dissent

Bankr. L. Rep. P 71,001 Benjamin Goldman, Esquire v. Robert Robinson, Trustee

Court of Appeals for the First Circuit

Decided February 11, 1986No. 85-1328Published

1DissentAldrich, Senior Circuit Judge

The facts in this case are so unlikely to occur again that there is perhaps no point in my registering a dissent, but because I believe the court has seriously disregarded the Massachusetts brokerage eases, and has at the least suggested that if the broker’s principal' has to sue in order to obtain payment, the broker cannot recover, I feel I should do so. With respect, I believe that the alternative routes the court follows and the still different approach of the courts below each reflect upon the weakness of the others. Plaintiff did what he promised to do, obtain a customer, simpliciter;…

2Cases cited11 opinions

  1. Robert Robinson, Trustee in Bankruptcy of D. C. Sullivan & Co., Inc. v. Watts Detective Agency, Inc., Daniel Sullivan, Billy R. OtteCourt of Appeals for the First Circuit · 1982
  2. Holton v. ShepardMassachusetts Supreme Judicial Court · 1935
  3. Fischer v. Pauline Oil & Gas Co.Supreme Court of the United States · 1940
  4. Louis Geremia, Trustee in Bankruptcy of Avtek Manufacturing Corp. v. The First National Bank of BostonCourt of Appeals for the First Circuit · 1981
  5. John E. Massengale, Trustee v. Transitron Electronic CorporationCourt of Appeals for the First Circuit · 1967

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API