Rice v. Winslow
Massachusetts Supreme Judicial Court
Contbact under St. 1890, c. 437, against a broker for $1,000 and the value of a $1,000 bond of the Worcester Consolidated Street Railway Company paid and delivered by the plaintiff to the defendant as margin for the purchase of certain securities bought and afterwards sold by the defendant.
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Contbact under St. 1890, c. 437, against a broker for $1,000 and the value of a $1,000 bond of the Worcester Consolidated Street Railway Company paid and delivered by the plaintiff to the defendant as margin for the purchase of certain securities bought and afterwards sold by the defendant. Writ dated June 9, 1900. At the trial in the Superior Court, before Fox, J., the judge refused to order a verdict for the defendant or to make the rulings requested by him, and among other matters left to the jury the question whether the relation between the plaintiff and the defendant in the transaction…
1Opinion of the CourtLoring, J.
We are of opinion that the defendant is right in his contention that there was no evidence that the relation *501between the plaintiff and defendant was that of buyer and seller within the first clause of the second section of St. 1890, c. 437. •
There seems to have been some confusion at the trial as to the true construction of St. 1890, c. 437, and as to the application of it to the purchase of securities by brokers for their customers to be carried by them on a margin.
The evil aimed at by St. 1890, c. 437, is the making of “ wagering contracts.” It is stated in the title that the act'is an act…
2Cases cited5 opinions
- Proprietors of Mills on Monatiquot River v. Inhabitants of Randolph, Holbrook, & BraintreeMassachusetts Supreme Judicial Court · 1892
- Covell v. LoudMassachusetts Supreme Judicial Court · 1883
- Weston v. JordanMassachusetts Supreme Judicial Court · 1897
- Lyons v. CoeMassachusetts Supreme Judicial Court · 1901
- Davy v. BangsMassachusetts Supreme Judicial Court · 1899
3Cited by25 opinions
- Hall v. PaineMassachusetts Supreme Judicial Court · 1916
- Furber v. DaneMassachusetts Supreme Judicial Court · 1910
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1941
- Fiske v. DoucetteMassachusetts Supreme Judicial Court · 1910
- Wheelwright v. Tax CommissionerMassachusetts Supreme Judicial Court · 1920
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