Larsson v. Metropolitan Stock Exchange
Massachusetts Supreme Judicial Court
Contract under R. L. c. 99, §§ 4-6, to recover money alleged to have been paid as margins upon wagering contracts for the purchase and sale of stocks. Writ dated October 8,1903. At the trial in the Superior Court before Bishop, J., the defense relied upon consisted of the releases signed by the plaintiff which are described in the opinion, where also the material portion of the instruction of the judge upon this subject is quoted.
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Contract under R. L. c. 99, §§ 4-6, to recover money alleged to have been paid as margins upon wagering contracts for the purchase and sale of stocks. Writ dated October 8,1903. At the trial in the Superior Court before Bishop, J., the defense relied upon consisted of the releases signed by the plaintiff which are described in the opinion, where also the material portion of the instruction of the judge upon this subject is quoted. The jury returned a verdict for the plaintiff in the sum of §1,913.50, and the defendant alleged exceptions.
1Opinion of the CourtKnowlton, C. J.
The only important question in this case is whether there was evidence to warrant the finding that the *368releases from the plaintiff, relied on by the defendant, were procured by fraud.
The action was brought, under the R. L. c. 99, §§ 4-6, to recover money alleged to have been paid by the plaintiff to the defendant as margins upon purchases and sales of stocks. It is conceded that the plaintiff’s case would be made out, except for releases given by him to the defendant, covering the transactions relied on. The form of the releases is as follows:
“ Boston 190
“ Received of the Metropolitan Stock…
2Cases cited3 opinions
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- Trambly v. RicardMassachusetts Supreme Judicial Court · 1881
- Freedley v. FrenchMassachusetts Supreme Judicial Court · 1891
3Cited by11 opinions
- Whipple v. . Brown Brothers Co.New York Court of Appeals · 1919
- Boston Five Cents Savings Bank v. BrooksMassachusetts Supreme Judicial Court · 1941
- Muse v. DeVitoMassachusetts Supreme Judicial Court · 1923
- Wood v. YoungOregon Supreme Court · 1928
- Shaw v. Victoria Coach Line, Inc.Massachusetts Supreme Judicial Court · 1943
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