Jaquith v. Morrill
Massachusetts Supreme Judicial Court
Tort by the assignee in insolvency of the joint and several estates of Henry A. Davis of Malden and Henry C. Hathaway of Hew Bedford, copartners under the firm name of Henry A. Davis and Company, against Joseph H. Morrill, for the value of certain cigars alleged to have been received by the defendant fraudulently in violation of the insolvency laws.
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Tort by the assignee in insolvency of the joint and several estates of Henry A. Davis of Malden and Henry C. Hathaway of Hew Bedford, copartners under the firm name of Henry A. Davis and Company, against Joseph H. Morrill, for the value of certain cigars alleged to have been received by the defendant fraudulently in violation of the insolvency laws. Writ dated May 26, 1897. In the Superior Court the case, together with two others, was referred to Theodore H. Tyndale, Esquire, as auditor. He found for the plaintiff against the defendant Joseph H. Morrill for the sales of two lots of cigars,…
1Opinion of the CourtKnowlton, C. J.
This case has been before us on two former occasions, and is reported in 191 Mass. 415 and in 197 Mass. 397, upon questions quite different from those raised at the last trial.
Of the defendant’s fifty-four requests for rulings the greater part related to decisions, upon questions of fact, by the judge who tried the case without a jury. Most of the exceptions relate to matters of fact, and to the construction that should have been put upon certain evidence by the judge, or the construction that is presumed to have been put upon it by the judge or the auditor.
The action is to recover the value…
2Cases cited9 opinions
- Turner v. WilliamsMassachusetts Supreme Judicial Court · 1909
- Holden v. Prudential Insurance Co. of AmericaMassachusetts Supreme Judicial Court · 1906
- Jaquith v. DavenportMassachusetts Supreme Judicial Court · 1906
- Doon v. FeltonMassachusetts Supreme Judicial Court · 1909
- White Sewing Machine Co. v. Phenix Nerve Beverage Co.Massachusetts Supreme Judicial Court · 1905
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3Cited by20 opinions
- Davis v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1920
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Commonwealth v. DiPietroMassachusetts Supreme Judicial Court · 1977
- Rubenstein v. LottowMassachusetts Supreme Judicial Court · 1915
- Commonwealth v. MustoneMassachusetts Supreme Judicial Court · 1968
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