Legal Opinion

Chandler v. Prince

Massachusetts Supreme Judicial Court

Decided February 27, 1913PublishedCited by 6 opinions

Contract, under St. 1890, c. 437, §§ 1, 2, 4, (R. L. c. 99, §§ 4, 6, 7,) by the executor of the will of Mary F. Colburn for the value of certain securities alleged to have been delivered by the plaintiff’s testatrix to the defendant as margins on wagering contracts in which the plaintiff’s testatrix intended that there should be no actual purchase or sale and the defendant had reasonable cause to believe that such intention existed.

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Contract, under St. 1890, c. 437, §§ 1, 2, 4, (R. L. c. 99, §§ 4, 6, 7,) by the executor of the will of Mary F. Colburn for the value of certain securities alleged to have been delivered by the plaintiff’s testatrix to the defendant as margins on wagering contracts in which the plaintiff’s testatrix intended that there should be no actual purchase or sale and the defendant had reasonable cause to believe that such intention existed. Writ dated May 7, 1900. At the trial in the Superior Court before Dubuque, J., the evidence included an auditor’s report and also oral testimony. It appeared that…

1Opinion of the CourtSheldon, J.

There might be in any event some difficulty in sustaining the plaintiff’s exceptions to the admission of the testimony put in by the defendant to show his payments to the firm of Charles Head and Company and to the Merchants National Bank. It is not necessary however to consider the point. It was material to show what these amounts were because the securities for which the plaintiff seeks to recover were not themselves delivered by Mrs. Colburn to the defendant, but came to him partly from the bank and partly from that firm, by each of which some of the securities were held as pledges for…

2Cases cited11 opinions

  1. Wilson v. HeadMassachusetts Supreme Judicial Court · 1904
  2. Greene v. CoreyMassachusetts Supreme Judicial Court · 1912
  3. Anderson v. Metropolitan Stock ExchangeMassachusetts Supreme Judicial Court · 1906
  4. Rice v. WinslowMassachusetts Supreme Judicial Court · 1902
  5. Fiske v. DoucetteMassachusetts Supreme Judicial Court · 1910

6 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Adams v. DickMassachusetts Supreme Judicial Court · 1917
  2. Chandler v. PrinceMassachusetts Supreme Judicial Court · 1914
  3. Barrell v. PaineMassachusetts Supreme Judicial Court · 1920
  4. Chandler v. PrinceMassachusetts Supreme Judicial Court · 1915
  5. Houghton v. KeveneyMassachusetts Supreme Judicial Court · 1918

1 more not listed; retrieve them via the Exa API.

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