Fowle v. Torrey
Massachusetts Supreme Judicial Court
Bill in equity, filed January 24, 1880, against Elbridge Torrey and George E. Fowle, alleging that the plaintiff is the wife of George E. Fowle, who, with Torrey, formed a copartnership under the style of Fowle, Torrey & Company, as dealers in carpets in Boston; that she deposited with or lent to said firm different sums of money, all from her separate estate, at different times, from September 1, 1869, until the dissolution thereof, taking generally, at the times of such…
Read the full summary
Bill in equity, filed January 24, 1880, against Elbridge Torrey and George E. Fowle, alleging that the plaintiff is the wife of George E. Fowle, who, with Torrey, formed a copartnership under the style of Fowle, Torrey & Company, as dealers in carpets in Boston; that she deposited with or lent to said firm different sums of money, all from her separate estate, at different times, from September 1, 1869, until the dissolution thereof, taking generally, at the times of such loans, the notes or receipts of the firm for the money, the firm promising to pay her back the same, or any portion…
1Opinion of the CourtDevens, J.
The plantiff does not assert that any special promise was made to her by Torrey to pay the debt incurred by Fowle and Torrey. If so, she would apparently have a remedy complete and adequate, which should be pursued at law. Fowle v. Torrey, 131 Mass. 289. Nor can the bill be maintained upon the ground that she has given up the notes she took for the loan made to Fowle and Torrey. If of value and wrongfully detained by Torrey, her remedy would be complete by an action of trover. But they were not of value; they did not constitute the evidence of any binding contract, as none such could be made…
2Cases cited28 opinions
- Walker v. Walker'sSupreme Court of the United States · 1870
- Snow v. PaineMassachusetts Supreme Judicial Court · 1874
- Kenworthy v. SawyerMassachusetts Supreme Judicial Court · 1878
- Atlantic National Bank v. TavenerMassachusetts Supreme Judicial Court · 1881
- Riley v. RileySupreme Court of Connecticut · 1856
23 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lewis v. LewisMassachusetts Supreme Judicial Court · 1976
- Atkins v. AtkinsMassachusetts Supreme Judicial Court · 1907
- Frankel v. FrankelMassachusetts Supreme Judicial Court · 1899
- Gahm v. GahmMassachusetts Supreme Judicial Court · 1923
- National Granite Bank v. TyndaleMassachusetts Supreme Judicial Court · 1900
16 more not listed; retrieve them via the Exa API.