Gibney v. Olivette
Massachusetts Supreme Judicial Court
Contract for $445 upon an account annexed, with fourteen items of sums of money alleged to have been paid by the plaintiff for the defendant. By an amendment the -plaintiff added two items of credit for cash paid by the defendant, amounting to $105. • Writ dated February 29, 1904. In the Superior Court the case was tried before Crosby, J., without a jury. He made the findings which are described and quoted in the opinion.
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Contract for $445 upon an account annexed, with fourteen items of sums of money alleged to have been paid by the plaintiff for the defendant. By an amendment the -plaintiff added two items of credit for cash paid by the defendant, amounting to $105. • Writ dated February 29, 1904. In the Superior Court the case was tried before Crosby, J., without a jury. He made the findings which are described and quoted in the opinion. At the request of the defendant he made three rulings, involving questions of fact, which included findings that the evidence showed that the money paid by the plaintiff…
1Opinion of the CourtKnowlton, C. J.
This is an action to recover money paid by the plaintiff to the defendant’s use. The plaintiff received from the defendant certain money to be used in buying stocks on a margin, and purchased with it twenty shares of the stock of the Union Pacific Railroad Company. Afterwards the stock so depreciated in price that the plaintiff was called upon to advance *295and did advance other money, from time to time, to prevent it from being sold out by the broker with whom he dealt. Finally, when further advancements were demanded, he permitted it to be sold at a loss, and he afterwards brought this action…
2Cases cited6 opinions
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
- Barnes v. SmithMassachusetts Supreme Judicial Court · 1893
- Farnum v. WhitmanMassachusetts Supreme Judicial Court · 1905
- Lyons v. CoeMassachusetts Supreme Judicial Court · 1901
- Rice v. WinslowMassachusetts Supreme Judicial Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Merchants Legal Stamp Co. v. MurphyMassachusetts Supreme Judicial Court · 1915
- Savoy Finance Co. v. De BiaseMassachusetts Supreme Judicial Court · 1933
- Fuller v. LovellMassachusetts Supreme Judicial Court · 1939
- Whorley v. Patton-Kjose Company, Inc.Montana Supreme Court · 1931