Allen v. Fuller
Massachusetts Supreme Judicial Court
Two ACTIONS of contract, by different plaintiffs against the same defendants, under St. 1890, c. 437, § 2, for payments alleged to have been made upon wagering contracts. Writs dated May 15 and 18, 1900. In the Superior Court the cases were tried before Fox, J., who refused to order verdicts for the defendants and also refused certain rulings requested by the defendants.
Read the full summary
Two ACTIONS of contract, by different plaintiffs against the same defendants, under St. 1890, c. 437, § 2, for payments alleged to have been made upon wagering contracts. Writs dated May 15 and 18, 1900. In the Superior Court the cases were tried before Fox, J., who refused to order verdicts for the defendants and also refused certain rulings requested by the defendants. The jury returned a verdict for the plaintiff in each case, in the first case in the sum of $4,487.10, and in the second case in the sum of $11,409.53. The defendants alleged exceptions.
1Opinion of the CourtTorino, J.
We are of opinion that the exceptions in this case should be overruled.
1. The first ruling requested by the defendants was that a verdict in their favor should be entered as matter of law.
In support of this they first contend that it was not shown what ten shares of Parrot and ten shares of C. B. & Q. were, and therefore the court cannot as matter of law say that they were securities or commodities within St. 1890, c. 437. But without going further, it is enough to dispose of this contention that these were not the only securities dealt in and therefore a general verdict for the defendants…
2Cases cited5 opinions
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1875
- Commonwealth v. BriantMassachusetts Supreme Judicial Court · 1886
- Marks v. Metropolitan Stock ExchangeMassachusetts Supreme Judicial Court · 1902
- Commonwealth v. PerryMassachusetts Supreme Judicial Court · 1889
3Cited by5 opinions
- Commonwealth v. CoshnearMassachusetts Supreme Judicial Court · 1935
- Farnum v. WhitmanMassachusetts Supreme Judicial Court · 1905
- Rapson v. LeightonMassachusetts Supreme Judicial Court · 1905
- Wilde v. SawtelleMassachusetts Supreme Judicial Court · 1919
- Brightman v. BuffingtonMassachusetts Supreme Judicial Court · 1903