Legal Opinion

Picard v. Beers

Massachusetts Supreme Judicial Court

Decided May 15, 1907PublishedCited by 18 opinions

Contract. Writ in the Municipal Court of the City of Boston dated April 8, 1905. The first and second counts set forth claims based on contracts as to the purchase and sale of stock, and are alike except for differences in dates of transactions and names and prices of stocks and the items in the accounts annexed showing amounts paid by or to be credited to the plaintiff.

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Contract. Writ in the Municipal Court of the City of Boston dated April 8, 1905. The first and second counts set forth claims based on contracts as to the purchase and sale of stock, and are alike except for differences in dates of transactions and names and prices of stocks and the items in the accounts annexed showing amounts paid by or to be credited to the plaintiff. They allege that the defendant was a stockbroker and that he agreed with the plaintiff to purchase for her certain stock at the then market price plus a commission, in consideration of an initial payment of a specified sum by…

1Opinion of the CourtSheldon, J.

The court denied the defendant’s motion to recommit the auditor’s report, and the correctness of this action is not before us, as it was neither excepted to nor appealed from. Sullivan v. Arcand, 165 Mass. 364. Accordingly the judge at the trial properly allowed the report to be put in evidence and read to the jury. Any mistakes in ruling upon questions of law that may appear by the report to have been made by an auditor can be corrected by instructions to the jury. All-wright v. Skillings, 188 Mass. 538. Lever one v. Arando, 179 Mass. 439. Winihrop v. Soule, 175 Mass. 400. It was of course…

2Cases cited13 opinions

  1. Edgar v. Joseph Breck & Sons Corp.Massachusetts Supreme Judicial Court · 1899
  2. Leverone v. ArancioMassachusetts Supreme Judicial Court · 1901
  3. Anderson v. Metropolitan Stock ExchangeMassachusetts Supreme Judicial Court · 1906
  4. Briggs v. GilmanMassachusetts Supreme Judicial Court · 1879
  5. Ayer v. R. W. Bell Manufacturing Co.Massachusetts Supreme Judicial Court · 1888

8 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Adams v. DickMassachusetts Supreme Judicial Court · 1917
  2. Commonwealth v. HullMassachusetts Supreme Judicial Court · 1937
  3. Greene v. CoreyMassachusetts Supreme Judicial Court · 1912
  4. Agoos Kid Co. v. Blumenthal Import Corp.Massachusetts Supreme Judicial Court · 1933
  5. Colt v. FradkinMassachusetts Supreme Judicial Court · 1972

13 more not listed; retrieve them via the Exa API.

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