Legal Opinion

Houghton v. Keveney

Massachusetts Supreme Judicial Court

Decided April 20, 1918PublishedCited by 6 opinions

Bill in equity, filed in the Superior Court on January 19,1917, against the members of a firm of stockbrokers as the principal defendants and certain other defendants holding funds sought to be reached and applied as equitable assets of the principal defendants, under- R. L. c. 99, §§ 4, 6, to recover money and securities alleged to have been paid and delivered to the principal defendants as margins on wageAng contracts.

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Bill in equity, filed in the Superior Court on January 19,1917, against the members of a firm of stockbrokers as the principal defendants and certain other defendants holding funds sought to be reached and applied as equitable assets of the principal defendants, under- R. L. c. 99, §§ 4, 6, to recover money and securities alleged to have been paid and delivered to the principal defendants as margins on wageAng contracts. The answer of the principal defendants set up, among other matters, that the cause of action mentioned in the plaintiff’s bill did not accrue within six years before the…

1Opinion of the CourtDe Courcy, J.

This suit, based on the provisions of R. L. c. 99, § 4, was brought to recover money paid on margins under alleged wagering contracts in stocks made by the plaintiff with the principal defendants, ICeveney and Sawtelle. These are referred to herein as the defendants; and no question arises as to the other defendants, who are merely equitable trustees. After the coming in of the auditor’s report both parties waived the claim for a trial by jury and all objections to the auditor’s admission or exclusion of evidence; and the plaintiff waived the statutory provision making *51the auditor’s report…

2Cases cited3 opinions

  1. Adams v. DickMassachusetts Supreme Judicial Court · 1917
  2. Marks v. Metropolitan Stock ExchangeMassachusetts Supreme Judicial Court · 1902
  3. Chandler v. PrinceMassachusetts Supreme Judicial Court · 1913

3Cited by6 opinions

  1. Zembler v. FitzgeraldMassachusetts Supreme Judicial Court · 1919
  2. Adams v. HaydenMassachusetts Supreme Judicial Court · 1920
  3. Newburgh v. FLORSHEIM SHOE COMPANYDistrict Court, D. Massachusetts · 1961
  4. Ryan v. WhitneyMassachusetts Supreme Judicial Court · 1926
  5. Marshall v. JamesMassachusetts Supreme Judicial Court · 1925

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