Weisberg v. Hunt
Massachusetts Supreme Judicial Court
Contract, with a declaration in two counts, the first count being under R. L. c. 99, §§ 4-7 (see now G. L. c. 137, §§ 4-7), and the second count being for $5,200 upon an account annexed containing eighteen items of payments made by the plaintiff to the defendants, stockbrokers, as margin for the purchase and sale of various stocks. Writ dated November 14, 1919. The action was referred to an auditor.
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Contract, with a declaration in two counts, the first count being under R. L. c. 99, §§ 4-7 (see now G. L. c. 137, §§ 4-7), and the second count being for $5,200 upon an account annexed containing eighteen items of payments made by the plaintiff to the defendants, stockbrokers, as margin for the purchase and sale of various stocks. Writ dated November 14, 1919. The action was referred to an auditor. He found that receipts, given by the defendants to the plaintiff upon the payment of margins, were in the following form: “Received . . . dollars, the same to be held as margin or partial payment…
1Opinion of the CourtJenney, J.
This is an action of contract in which the plaintiff seeks to recover money paid by him to the defendants as margins for the purchase and sale of stocks. The declaration is in two counts, one under R. L. c. 99, §§ 4-7 (now G. L. c. 137, §§ 4-7); and the other on an account annexed for the amounts so paid. The case was tried in the Superior Court without a jury. The plaintiff put in evidence the report of an auditor before whom the case had been heard, then rested, and elected to stand upon the second count. He does not claim that he is entitled to recover under the cited statutes, but relies…
2Cases cited15 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Clews v. JamiesonSupreme Court of the United States · 1901
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Adams v. DickMassachusetts Supreme Judicial Court · 1917
- Bond v. HumeSupreme Court of the United States · 1917
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3Cited by7 opinions
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- Harris v. FriedmanMassachusetts Supreme Judicial Court · 1923
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