Braman v. Foss
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on November 10, 1904, alleging in substance that to secure future advances the plaintiff on July 31, 1900, gave to the defendant his note for $58,000, secured by a mortgage on certain real estate and an assignment of a claim for services as receiver of a railroad company; that in the spring of 1903 the defendant furnished to the plaintiff a statement of the account between them made up by a third person according to which…
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Bill in equity, filed in the Supreme Judicial Court on November 10, 1904, alleging in substance that to secure future advances the plaintiff on July 31, 1900, gave to the defendant his note for $58,000, secured by a mortgage on certain real estate and an assignment of a claim for services as receiver of a railroad company; that in the spring of 1903 the defendant furnished to the plaintiff a statement of the account between them made up by a third person according to which the plaintiff owed the defendant “ $51,648.79 and the value of six hundred shares of Reading second preferred ” : that,…
1Opinion of the CourtBraley, J.
The case having been referred to a master, the plaintiff alleged several exceptions to the report, of which only those relating to the six hundred shares of Reading stock having been argued, the others may be considered as waived. It appears, upon evidence not reported, that the master determined *410that the defendant was entitled not only to the shares, but to the dividends which had accrued, and beén paid to the plaintiff. The argument is, that the finding, being beyond the scope of the bill, is not justified by the pleadings. If the prayers for relief were limited to a cancellation of the…
2Cases cited11 opinions
- Rathbone v. WarrenCourt for the Trial of Impeachments and Correction of Errors · 1813
- Richards v. ToddMassachusetts Supreme Judicial Court · 1879
- Goldthwait v. DayMassachusetts Supreme Judicial Court · 1889
- Denny v. WickliffeCourt of Appeals of Kentucky · 1858
- Doucette v. BaldwinMassachusetts Supreme Judicial Court · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
- Graustein v. DolanMassachusetts Supreme Judicial Court · 1933
- Carleton & Hovey Co. v. BurnsMassachusetts Supreme Judicial Court · 1934
- Olsen v. OlsenMassachusetts Supreme Judicial Court · 1936
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