Keith v. Radway
Massachusetts Supreme Judicial Court
Contract or tort, with a declaration as amended in five counts. The material allegations of the fifth count, which alone is material to this decision, are described in the opinion. Writ dated May 21, 1914. The defendant demurred to the declaration and to each count thereof. The demurrer was heard by Wait, J., and was sustained as to each count excepting the second, which alleged a cause of action for conversion.
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Contract or tort, with a declaration as amended in five counts. The material allegations of the fifth count, which alone is material to this decision, are described in the opinion. Writ dated May 21, 1914. The defendant demurred to the declaration and to each count thereof. The demurrer was heard by Wait, J., and was sustained as to each count excepting the second, which alleged a cause of action for conversion. The plaintiff then discontinued as to the second count, the defendants moved for judgment, judgment was entered for the defendants; and the plaintiff appealed.
1Opinion of the CourtLoring, J.
The fifth count in substance alleges that the defendants owned and still own three quarters of the capital stock of a corporation there named; that within six years the plaintiff was the owner of bonds of that corporation to the amount of $500, and two hundred and eighty-four shares of its capital stock; that although he did not wish to do so and had no money for the enterprise hereinafter described (as the defendants well knew) the defendants induced him to buy bonds of the corporation amounting to $1,100, and “promised, agreed and warranted” to the plaintiff that if he would buy said…
2Cases cited8 opinions
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Carr v. DooleyMassachusetts Supreme Judicial Court · 1876
- Graffam v. PierceMassachusetts Supreme Judicial Court · 1887
- Cole v. HadleyMassachusetts Supreme Judicial Court · 1895
- Drew v. WiswallMassachusetts Supreme Judicial Court · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Glackin v. BennettMassachusetts Supreme Judicial Court · 1917
- Dixon v. LamsonMassachusetts Supreme Judicial Court · 1922
- O'Malley v. GradyMassachusetts Supreme Judicial Court · 1915
- Western Newspaper Union v. DittemoreMassachusetts Supreme Judicial Court · 1928
- Loveland v. Epstein Drug Co.Massachusetts Supreme Judicial Court · 1917
4 more not listed; retrieve them via the Exa API.