Machinists' National Bank v. Field
Massachusetts Supreme Judicial Court
Bill usr equity against William 1ST. Field, a broker, Joseph P. Hawes and Francis Henshaw, auctioneers, under the firm of Hawes & Henshaw, and Theodore Dean.
Read the full summary
Bill usr equity against William 1ST. Field, a broker, Joseph P. Hawes and Francis Henshaw, auctioneers, under the firm of Hawes & Henshaw, and Theodore Dean. Hearing before Ames, J., who reported the case upon the pleadings and the following facts, for the entry of such decree as, in the opinion of the full court, the case might require: Elizabeth W. Pratt was the owner of twelve shares of the capital stock of the plaintiff bank, for which she held a certificate, dated October 15, 1875, and this certificate was taken from her house without her knowledge by Charles C. Pratt, and, with a forged…
1Opinion of the CourtGray, C. J.
This bill cannot be maintained. The sole ground on which it invokes jurisdiction in equity is that “ there are now two different parties claiming distinct rights or interests in the same stock, which cannot be justly and definitely decided in an action at law;” and the relief specifically prayed for is that Dean may surrender to the plaintiff bank the certificate of the new shares issued by it to him, and that Field and Hawes & Henshaw may be ordered either to repay to the plaintiff the money received by Hawes & Henshaw from Dean for these shares, so that the plaintiff may return that money…
2Cases cited3 opinions
- Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
- Pratt v. Taunton Copper Manufacturing Co.Massachusetts Supreme Judicial Court · 1877
- Salisbury Mills v. TownsendMassachusetts Supreme Judicial Court · 1871
3Cited by18 opinions
- Allen v. South Boston RailroadMassachusetts Supreme Judicial Court · 1889
- Bleck v. East Boston Co.Massachusetts Supreme Judicial Court · 1939
- Boston & Albany Railroad v. RichardsonMassachusetts Supreme Judicial Court · 1883
- Larson v. Calder's Park Co.Utah Supreme Court · 1919
- First Avenue Land Co. v. ParkerWisconsin Supreme Court · 1901
13 more not listed; retrieve them via the Exa API.