Newsome v. Davis
Massachusetts Supreme Judicial Court
Tort. The declaration contained two counts: the first for the conversion of certain shares of stock in two mining companies, and the second for negligence in the sale of the same. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions in substance as follows: The plaintiff was a dealer and speculator in stocks, and the defendant a money-lender.
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Tort. The declaration contained two counts: the first for the conversion of certain shares of stock in two mining companies, and the second for negligence in the sale of the same. Trial in the Superior Court, before Rockwell, J., who allowed a bill of exceptions in substance as follows: The plaintiff was a dealer and speculator in stocks, and the defendant a money-lender. On March 22, 1880, the plaintiff borrowed of the defendant the sum of $750, for thirty days, and signed and delivered the following promissory note: “$772.50. Boston, March 22, 1880. Thirty days after date, for value…
1Opinion of the CourtField, J.
It does not appear from the exceptions that the sales of the Aztec Copper Company stock were not rightly admitted in evidence. The sales may have been at public auction, and they were near in point of time; and no such facts appear as enable us to say that the court erred in admitting them. Benham v. Dunbar, 103 Mass. 365. Kent v. Whitney, 9 Allen, 62. Cahen v. Platt, 69 N. Y. 348.
Whether the third request for instructions should have been given depends upon what it means. If it means that, the plaintiff being in default, the defendant had a right to sell the stock, it should of course have…
2Cases cited2 opinions
- Cahen v. . PlattNew York Court of Appeals · 1877
- Benham v. DunbarMassachusetts Supreme Judicial Court · 1869
3Cited by6 opinions
- Atherton v. EmersonMassachusetts Supreme Judicial Court · 1908
- Whitman v. Boston Terminal Refrigerating Co.Massachusetts Supreme Judicial Court · 1919
- Hudgens v. ChamberlainCalifornia Supreme Court · 1911
- Henry Wood's Sons Co. v. SchaeferMassachusetts Supreme Judicial Court · 1899
- Guinzburg v. H. W. Downs Co.Massachusetts Supreme Judicial Court · 1896
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