Forbes v. Thorpe
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on February 12, 1906, and, after the sustaining of a demurrer, six times amended, with a supplemental bill and an amendment thereto, against James Thorpe, Charles E. Cashin, Thomas E. Wilde and the Jeremiah Clark Machinery Company, seeking an accounting by the defendants Thorpe and Cashin regarding the transactions described in the opinion, seeking to fix upon the defendant Wilde liability for the amount to be found due to the…
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Bill in equity, filed in the Superior Court on February 12, 1906, and, after the sustaining of a demurrer, six times amended, with a supplemental bill and an amendment thereto, against James Thorpe, Charles E. Cashin, Thomas E. Wilde and the Jeremiah Clark Machinery Company, seeking an accounting by the defendants Thorpe and Cashin regarding the transactions described in the opinion, seeking to fix upon the defendant Wilde liability for the amount to be found due to the plaintiff from Thorpe and Cashin because of alleged partnership relations of the three, and also praying that the defendant…
1Opinion of the CourtRugg, J.
The material facts upon which this suit is founded are that the defendants, Thorpe and Cashin, with two associates, were the owners of a second-hand machinery business conducted under the name “ Jeremiah Clark Machinery Company.” Conveyance of real estate and personal property, with which this business was conducted, was made to Thorpe, who executed a declaration of trust to the effect that he held the title equally for the benefit of Cashin, himself and two others, each of whom had contributed $6,000 to the purchase price. Subsequently, but before the events here complained of, Thorpe…
2Cases cited14 opinions
- Morgan's Louisiana & Texas Railroad & Steamship Co. v. Texas Central Railway Co.Supreme Court of the United States · 1890
- Exchange Bank v. RichMassachusetts Supreme Judicial Court · 1871
- City of Boston v. TurnerMassachusetts Supreme Judicial Court · 1909
- Boyden v. HillMassachusetts Supreme Judicial Court · 1908
- Gleason v. McKayMassachusetts Supreme Judicial Court · 1883
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3Cited by38 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Choate, Hall & Stewart v. SCA Services, Inc.Massachusetts Supreme Judicial Court · 1979
- Brighton Packing Co. v. Butchers' Slaughtering & Melting Ass'nMassachusetts Supreme Judicial Court · 1912
- Old Colony Railroad v. Assessors of BostonMassachusetts Supreme Judicial Court · 1941
- Tremont Trust Co. v. NoyesMassachusetts Supreme Judicial Court · 1923
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