Legal Opinion

Emery v. Parrott

Massachusetts Supreme Judicial Court

Decided March 15, 1871PublishedCited by 28 opinions

Bill is equity filed May 16, 1866, by James W. Emery, Estes Howe, Joseph H. Converse and Gardiner G. Hubbard, all described as of Boston in this Commonwealth, against William P. Parrott, also of Boston, and Stephen H. Head, of Maine, commorant in Boston, to compel the defendants to transfer to the plaintiffs certain shares in the capital stock of the Glace Bay Mining Company, a corporation chartered by the province of Nova Scotia, and to account to the plaintiffs for profits…

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Bill is equity filed May 16, 1866, by James W. Emery, Estes Howe, Joseph H. Converse and Gardiner G. Hubbard, all described as of Boston in this Commonwealth, against William P. Parrott, also of Boston, and Stephen H. Head, of Maine, commorant in Boston, to compel the defendants to transfer to the plaintiffs certain shares in the capital stock of the Glace Bay Mining Company, a corporation chartered by the province of Nova Scotia, and to account to the plaintiffs for profits realized upon said shares in fraud of them, and reimburse to the plaintiffs their damages in consequence of the fraud,…

1Opinion of the Court

By the Cotjbt.

The questions in this case chiefly relate to matters of fact; and in causes of this description the court ordinarily regard it as sufficient simply to state the conclusions at which they have arrived.

From a careful study of the voluminous testimony, we are satisfied that the defendant Parrott was engaged in a common enterprise with the plaintiffs, and likewise acted as an agent on behalf of all the associates to purchase the Glace Bay coal mine. While acting in this capacity he secretly stipulated for certain private advantages to himself, in the shape of commissions from the…

2Cases cited1 opinion

  1. President of the Bank of the United States v. WeisigerSupreme Court of the United States · 1829

3Cited by28 opinions

  1. United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
  2. Hayward v. LessonMassachusetts Supreme Judicial Court · 1900
  3. Wills v. Nehalem Coal Co.Oregon Supreme Court · 1908
  4. Yale Gas Stove Co. v. WilcoxSupreme Court of Connecticut · 1894
  5. Shulkin v. ShulkinMassachusetts Supreme Judicial Court · 1938

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