Bendslev v. Lovell
Massachusetts Supreme Judicial Court
Contract upon an account annexed containing three items entitled "money had and received,” amounting to $3,400, and one item of interest amounting to $71.36. Writ dated May 2, 1918. In the Superior Court, the case was referred to an auditor. Material findings of the auditor are described in the opinion.
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Contract upon an account annexed containing three items entitled "money had and received,” amounting to $3,400, and one item of interest amounting to $71.36. Writ dated May 2, 1918. In the Superior Court, the case was referred to an auditor. Material findings of the auditor are described in the opinion. The last sentence in the report was as follows: “ I find, if it is matter of fact, and ride, if it is mátter of law, that upon all the evidence the defendants owe the plaintiff nothing.” After the filing of the auditor’s report, the plaintiff moved under Rule 31 of the Superior Court (1915)…
1Opinion of the CourtDe Courcy, J.
The plaintiff paid the defendants, who are stockbrokers, $3,400 on account of the purchase of certáin stock, and seeks to recover it in this action of contract. In the Superior Court the case was heard upon the auditor’s report; and judg*135ment was ordered for the defendants. Under the terms of the report judgment is to be entered accordingly, unless the plaintiff was entitled to judgment as matter of law on the facts found by the auditor.
It is conceded that the plaintiff cannot recover under the gaming statute, R. L. c. 99, § 4. That an actual purchase was intended, is settled by the findings…
2Cases cited5 opinions
- Adams v. DickMassachusetts Supreme Judicial Court · 1917
- Greene v. CoreyMassachusetts Supreme Judicial Court · 1912
- Fiske v. DoucetteMassachusetts Supreme Judicial Court · 1910
- Cobb v. FoggMassachusetts Supreme Judicial Court · 1896
- Thompson v. BradyMassachusetts Supreme Judicial Court · 1902
3Cited by8 opinions
- Commonwealth v. HullMassachusetts Supreme Judicial Court · 1937
- Rosenblum v. GinisMassachusetts Supreme Judicial Court · 1937
- Murphy v. SmithMassachusetts Supreme Judicial Court · 1940
- Dana v. Wildey Savings BankMassachusetts Supreme Judicial Court · 1936
- Lawrence v. Old Silver Beach, Inc.Massachusetts Supreme Judicial Court · 1939
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