Davy v. Bangs
Massachusetts Supreme Judicial Court
Contract and tort under St. 1890, c. 437, entitled “ An Act relative to wagering contracts in securities and commodities,” to recover the value of certain shares of stock deposited with the defendants as collateral security, and alleged to have been converted by them to their use.
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Contract and tort under St. 1890, c. 437, entitled “ An Act relative to wagering contracts in securities and commodities,” to recover the value of certain shares of stock deposited with the defendants as collateral security, and alleged to have been converted by them to their use. The case was referred to an auditor, who found that, in 1894, the plaintiff, a boarding-house keeper in Boston, owned twenty-five shares of American Sugar Refining Company’s stock ; that, having no knowledge of the purchase or sale of securities upon margin, or of the methods employed upon the stock exchange, she…
1Opinion of the CourtHammond, J.
This is an action brought under St. 1890, c. 437, to recover the value of certain stock. It was tried before the court without a jury, the evidence consisting of the auditor’s report and other evidence oral and documentary.
We think the evidence regarding the rule of the stock exchange was properly excluded. It is sufficient to say that it does not appear that either the plaintiff or Wiggin knew of it.
At the close of the evidence the defendants asked for certain rulings. The court refused the first, second, third, fourth, "and seventh requests, and ruled that the plaintiff was entitled to…
2Cases cited2 opinions
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
- Barnes v. SmithMassachusetts Supreme Judicial Court · 1893
3Cited by4 opinions
- Rice v. WinslowMassachusetts Supreme Judicial Court · 1902
- Zembler v. FitzgeraldMassachusetts Supreme Judicial Court · 1919
- Winward v. LincolnSupreme Court of Rhode Island · 1902
- Chandler v. PrinceMassachusetts Supreme Judicial Court · 1913