Legal Opinion

Chase v. City of Boston

Massachusetts Supreme Judicial Court

Decided February 27, 1902PublishedCited by 32 opinions

Appeal to the Superior Court under St. 1890, c. 127, from a decision of the assessors of the city of Boston, refusing to abate a tax paid under protest by the appellants, a firm of stockbrokers, as the owners of shares in corporations of the value of $200,000, of which the petitioners’ customers had paid forty per cent and the petitioners the remaining sixty per cent, the shares being pledged to secure the last named amount, which the petitioners borrowed for the purpose,…

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Appeal to the Superior Court under St. 1890, c. 127, from a decision of the assessors of the city of Boston, refusing to abate a tax paid under protest by the appellants, a firm of stockbrokers, as the owners of shares in corporations of the value of $200,000, of which the petitioners’ customers had paid forty per cent and the petitioners the remaining sixty per cent, the shares being pledged to secure the last named amount, which the petitioners borrowed for the purpose, filed February 4,1901. In the Superior Court, upon agreed facts, judgment was ordered for the petitioners in the sum of…

1Opinion of the CourtHolmes, C. J.

We have had some doubt in this case whether the statement of facts ought not to be discharged. Without more explicit statements we should not be willing to assume that the petitioners’ relation to the stocks bought by them was different from the ordinary one of brokers carrying stock upon a margin, and on the other hand a turn is given to some of the expresions in the agreed facts that suggests a peculiar set of transactions. We have decided to take the statement as intended to describe the ordinary relation between broker and customer when stocks are bought upon a margin. If the statement…

2Cases cited5 opinions

  1. Taussig v. . HartNew York Court of Appeals · 1874
  2. West v. PlattMassachusetts Supreme Judicial Court · 1878
  3. Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
  4. Covell v. LoudMassachusetts Supreme Judicial Court · 1883
  5. Weston v. JordanMassachusetts Supreme Judicial Court · 1897

3Cited by32 opinions

  1. Hall v. PaineMassachusetts Supreme Judicial Court · 1916
  2. Pizer v. HuntMassachusetts Supreme Judicial Court · 1925
  3. Adams v. DickMassachusetts Supreme Judicial Court · 1917
  4. Furber v. DaneMassachusetts Supreme Judicial Court · 1909
  5. Commonwealth v. HullMassachusetts Supreme Judicial Court · 1937

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