Mayo v. Moritz
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court against Joseph Moritz, John Fandel, William H. Fernekees, and Charles G. Loeber, alleging that the defendants, on April 23, 1888, executed the following instrument under seal: “ Whereas, I, Charles G. Loeber, of Boston, in the county of Suffolk and Commonwealth of Massachusetts, have invented a certain new and useful improvement in pneumatic engines, for-which I have already applied for letters patent of the United! States, under…
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Bill in equity, filed in the Superior Court against Joseph Moritz, John Fandel, William H. Fernekees, and Charles G. Loeber, alleging that the defendants, on April 23, 1888, executed the following instrument under seal: “ Whereas, I, Charles G. Loeber, of Boston, in the county of Suffolk and Commonwealth of Massachusetts, have invented a certain new and useful improvement in pneumatic engines, for-which I have already applied for letters patent of the United! States, under serial number 262,408, and therein fully described,, and whereas I propose also to thereafter make application for…
1Opinion of the CourtC. AiAiEir, J.
The deed of trust does not have the effect to make the scrip-holders partners. It does not contemplate the carrying on of a partnership business upon the joint account of the grantor and the scrip-holders, and in this respect the case is unlike Gleason v. McKay, 134 Mass. 419, and Phillips v. Blatchford, 137 Mass. 510. The scrip-holders are cestuis que trust, and are entitled to their share of the avails of the property when the same is sold.
If the trustees contracted a debt to the plaintiff, they are liable for it personally, and an action at law may be maintained by him against them.…
2Cases cited2 opinions
- Gleason v. McKayMassachusetts Supreme Judicial Court · 1883
- Phillips v. BlatchfordMassachusetts Supreme Judicial Court · 1884
3Cited by30 opinions
- Williams v. Inhabitants of MiltonMassachusetts Supreme Judicial Court · 1913
- Schumann-Heink v. FolsomIllinois Supreme Court · 1927
- Goldwater v. OltmanCalifornia Supreme Court · 1930
- Larson v. SylvesterMassachusetts Supreme Judicial Court · 1933
- Home Lumber Co. v. HopkinsSupreme Court of Kansas · 1920
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