Emmons v. Alvord
Massachusetts Supreme Judicial Court
Tort against six defendants for an alleged conspiracy to defraud the plaintiff. Writ dated June 22, 1897. The case came up on appeal from a judgment of the Superior Court rendered by Maynard, J., overruling demurrers of four of the defendants to the declaration. Three of the defendants also alleged exceptions, which were allowed by the same judge, after a trial at which the plaintiff obtained a verdict.
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Tort against six defendants for an alleged conspiracy to defraud the plaintiff. Writ dated June 22, 1897. The case came up on appeal from a judgment of the Superior Court rendered by Maynard, J., overruling demurrers of four of the defendants to the declaration. Three of the defendants also alleged exceptions, which were allowed by the same judge, after a trial at which the plaintiff obtained a verdict. There was also a petition of four defendants to prove further exceptions. The substance of the declaration is stated in the opinion of the court, and the material portions of the exceptions…
1Opinion of the CourtHolmes, C. J.
This is an action of tort for a conspiracy to defraud the plaintiff in a sale and exchange of land between the plaintiff and one Merriman. The defendants were one Hovey, the plaintiff’s broker, Alfred E. and Ralph F. Alvord, brothers who purported to act for Merriman, one Isenbeck, who had had some relations to Merriman’s land, and who stodd behind the dealings between Hovey and the Alvords, and seems to have got the greater part of the illicit profits, Simonds, Isenbeck’s tool, who received a conveyance from Merriman of land that the plaintiff says should have come to him, and Henderson,…
2Cases cited15 opinions
- Walker v. CroninMassachusetts Supreme Judicial Court · 1871
- Windram v. FrenchMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. MeserveMassachusetts Supreme Judicial Court · 1891
- City of Boston v. SimmonsMassachusetts Supreme Judicial Court · 1890
- Steffe v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1892
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3Cited by23 opinions
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- Lewis v. CorbinMassachusetts Supreme Judicial Court · 1907
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