Frue v. Loring
Massachusetts Supreme Judicial Court
Bill in equity. The defendant demurred for want of equity, and on the ground that the plaintiff had a plain, adequate and complete remedy at law. The case was heard on the bill and demurrer by Wells, J., and reserved for the consideration of the full court. The material allegations of the bill appear in the opinion.
1Opinion of the CourtColt, J.
The equity jurisdiction of this court, by the terms of the statute, embraces suits and proceedings for enforcing and regulating the execution of trusts, whether the trusts relate to real or personal estate, subject to the general provision which excludes such jurisdiction where the parties have a plain, adequate and complete remedy at common law. Gen. Sts. c. 113, §2.
The plaintiff seeks to charge the defendant as trustee for the appropriation to his own use of certain shares of stock held in trust. The bill alleges an agreement between the parties and certain other persons named for the…
2Cases cited5 opinions
- Jones v. NewhallMassachusetts Supreme Judicial Court · 1874
- Boston & Fairhaven Iron Works v. MontagueMassachusetts Supreme Judicial Court · 1871
- Suter v. MatthewsMassachusetts Supreme Judicial Court · 1874
- Ward v. PeckMassachusetts Supreme Judicial Court · 1873
- Gordon v. ClappMassachusetts Supreme Judicial Court · 1872
3Cited by10 opinions
- Medtronic, Inc., a Minnesota Corporation v. Intermedics, Inc., a Texas Corporation, and Intermedics Illinois, Inc., a Texas CorporationCourt of Appeals for the Seventh Circuit · 1984
- Warren v. Para Rubber Shoe Co.Massachusetts Supreme Judicial Court · 1896
- Badger v. McNamaraMassachusetts Supreme Judicial Court · 1877
- Parkway, Inc. v. United States Fire InsuranceMassachusetts Supreme Judicial Court · 1943
- Church v. Anti-Kalsomine Co.Michigan Supreme Court · 1898
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