Stewart v. Joyce
Massachusetts Supreme Judicial Court
Bill ir equity, filed in the Supreme Judicial Court on January 18, 1906, and amended by the filing of a substituted bill on July 18,1906, to rescind a sale of shares of the capital stock of the Gillette Safety Razor Company, a corporation organized under the laws of the State of Maine, made by the plaintiff to the defendant Heilborn, alleged to have been acting for himself and the other defendants, on or about August 1, 1904, at $1 a share, when the fair value was alleged to…
Read the full summary
Bill ir equity, filed in the Supreme Judicial Court on January 18, 1906, and amended by the filing of a substituted bill on July 18,1906, to rescind a sale of shares of the capital stock of the Gillette Safety Razor Company, a corporation organized under the laws of the State of Maine, made by the plaintiff to the defendant Heilborn, alleged to have been acting for himself and the other defendants, on or about August 1, 1904, at $1 a share, when the fair value was alleged to have been $10 a share, such sale being alleged to have been induced by false and fraudulent representations made to the…
1Opinion of the CourtBraley, J.
In equity the defense of loches may be raised by demurrer if upon its face the bill shows the demand is stale, and no sufficient reasons for the delay are stated specifically, or it may be pleaded, or set up in the answer. If raised by the pleadings, the plaintiff being informed of the defense may have the opportunity to amend by showing if he can that his delay was excusable. Sawyer v. Cook, 188 Mass. 163,168, and cases-cited. Sunter v. Sunter, 190 Mass. 449. But, even if it is not thus raised, the court at the trial in its discretion may deny relief, where' upon the evidence it clearly…
2Cases cited22 opinions
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Stewart v. Wyoming Cattle Ranche Co.Supreme Court of the United States · 1888
- Willard v. WoodSupreme Court of the United States · 1896
- Kountze v. . KennedyNew York Court of Appeals · 1895
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
17 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- Ginn v. AlmyMassachusetts Supreme Judicial Court · 1912
- United Zinc Companies v. HarwoodMassachusetts Supreme Judicial Court · 1914
- Hawkes v. LackeyMassachusetts Supreme Judicial Court · 1911
- Barnes v. Eastern & Western Lumber Co.Oregon Supreme Court · 1955
38 more not listed; retrieve them via the Exa API.