Fottler v. Moseley
Massachusetts Supreme Judicial Court
Tort for deceit, alleging that, relying upon the false and fraudulent representations of the defendant, a broker, that certain sales of the stock of the Franklin Park Land Improvement Company in the Boston Stock Exchange from January 1 to March 27, 1893, were genuine transactions, the plaintiff revoked an order for the sale of certain shares of that stock held for him by the defendant, whereby the plaintiff suffered loss.
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Tort for deceit, alleging that, relying upon the false and fraudulent representations of the defendant, a broker, that certain sales of the stock of the Franklin Park Land Improvement Company in the Boston Stock Exchange from January 1 to March 27, 1893, were genuine transactions, the plaintiff revoked an order for the sale of certain shares of that stock held for him by the defendant, whereby the plaintiff suffered loss. Writ dated February 17,1896. At the trial in the Superior Court, HopJáns, J., at the close of the evidence, directed the jury to return a verdict for the defendant. The…
1Opinion of the CourtHammond, J.
The parties to this action testified in flat contradiction of each other on many of the material issues, but the *297evidence in behalf of. the plaintiff would warrant a finding by the jury, that on March 25, 1893, the plaintiff, being then the owner of certain shares of stock in the Franklin Park Land and Improvement Company, gave an order to the defendant, a broker who was carrying the stock for him on a margin, to sell it at a price not less than $28.50 per share; that on March 27 the defendant, for the purpose of inducing the plaintiff to withdraw the order and refrain from selling,…
2Cases cited3 opinions
- Reeve v. DennettMassachusetts Supreme Judicial Court · 1887
- Butler v. WatkinsSupreme Court of the United States · 1872
- Bradley v. FullerMassachusetts Supreme Judicial Court · 1875
3Cited by28 opinions
- Small v. Fritz Companies, Inc.California Supreme Court · 2003
- Ochs v. . WoodsNew York Court of Appeals · 1917
- Gutman v. Howard Savings BankDistrict Court, D. New Jersey · 1990
- De Cicco v. . SchweizerNew York Court of Appeals · 1917
- Continental Insurance v. MercadanteAppellate Division of the Supreme Court of the State of New York · 1927
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