Weeks v. Currier
Massachusetts Supreme Judicial Court
Bill in equity, against Israel L. Currier and David A. Curry, filed July 12, 1897, in the Superior Court, seeking to have certain conveyances set aside and for other relief.
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Bill in equity, against Israel L. Currier and David A. Curry, filed July 12, 1897, in the Superior Court, seeking to have certain conveyances set aside and for other relief. The defendants filed a demurrer, assigning as grounds therefor: 1. That there was a full, adequate, and complete remedy at law. 2. That there was no allegation that the alleged insertion of the name of an attesting witness to the execution of a deed was made in fraud. 3. That relief could not be granted by reason of any alleged agreement, representation, or other oral statement, alleged to have been made by Currier or by…
1Opinion of the CourtKnowlton, J.
This case comes before us on a report containing a finding of facts, and showing that the defendants joined an answer in demurrer with their answer in matters of fact. The judge found that the plaintiff made a deed of his land which was executed without inserting the name of the grantee in the blank spaces left for it, and was delivered to the defendant Currier. Currier was acting as an agent and broker for the defendant Curry, and afterwards he filled the blanks with the name of Curry, caused one Mnlvey to write his name as a witness upon the deed, although Mulvey did not see the plaintiff…
2Cases cited9 opinions
- Chatham Furnace Co. v. MoffattMassachusetts Supreme Judicial Court · 1888
- Litchfield v. HutchinsonMassachusetts Supreme Judicial Court · 1875
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1887
- Burns v. DockrayMassachusetts Supreme Judicial Court · 1892
- Haskell v. StarbirdMassachusetts Supreme Judicial Court · 1890
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3Cited by32 opinions
- Bates v. SouthgateMassachusetts Supreme Judicial Court · 1941
- Cellucci v. Sun Oil Co.Massachusetts Appeals Court · 1974
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Powell v. RasmussenMassachusetts Supreme Judicial Court · 1969
- Dzuris v. PierceMassachusetts Supreme Judicial Court · 1913
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