Legal Opinion

Thayer v. Kitchen

Massachusetts Supreme Judicial Court

Decided January 5, 1909PublishedCited by 15 opinions

Contract or tort, setting forth no contract and treated by the court as an action of tort only. Writ in the Superior Court for the county of Middlesex dated July 16, 1906. The declaration as amended was in one count, occupied six and one half pages of the printed record and contained in substance the following allegations: The defendant Florence Kitchen had been appointed administratrix of the estate of one Auguste Holland, who died on May 15, 1905, leaving no wife and as…

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Contract or tort, setting forth no contract and treated by the court as an action of tort only. Writ in the Superior Court for the county of Middlesex dated July 16, 1906. The declaration as amended was in one count, occupied six and one half pages of the printed record and contained in substance the following allegations: The defendant Florence Kitchen had been appointed administratrix of the estate of one Auguste Holland, who died on May 15, 1905, leaving no wife and as his only heir the said Kitchen. The defendant Stephen R. Jones was an attorney at law in Boston, a business adviser and a…

1Opinion of the CourtRugg, J.

This is an action of tort. The defendants’ demurrer to the declaration was sustained. Judgment was thereupon entered for the defendants, from which the plaintiff appealed. The allegations of the declaration are voluminous. There are some floating statements, which, it is argued, amount to an averment that one Holland gave to the plaintiff certain stocks, bonds and other securities, which the defendants have taken and secreted. But the pleading falls far short of any sufficient allegation of conversion, and indeed does not appear to be directed to any such end. That form of declaration is…

2Cases cited5 opinions

  1. Gale v. NickersonMassachusetts Supreme Judicial Court · 1887
  2. Attorney General v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1908
  3. Crocker v. CrockerMassachusetts Supreme Judicial Court · 1908
  4. Tarbell v. ForbesMassachusetts Supreme Judicial Court · 1900
  5. Hill v. DavisMassachusetts Supreme Judicial Court · 1808

3Cited by15 opinions

  1. School Committee of the City of Lowell v. Mayor of LowellMassachusetts Supreme Judicial Court · 1928
  2. Creek v. LaskiMichigan Supreme Court · 1929
  3. Hakkila v. Old Colony Broken Stone & Concrete Co.Massachusetts Supreme Judicial Court · 1928
  4. McGregor v. McGregorDistrict Court, D. Colorado · 1951
  5. Allen v. Lovell's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1946

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