Davis v. Peabody
Massachusetts Supreme Judicial Court
Bill in equity, filed June 23,1896, in the Superior Court, against Francis Peabody, Thomas L. Nelson, and Horatio R. Fletcher, individually and as trustees of the Texas Pine Land Association, an unincorporated joint stock company. The bill makes no charges of bad faith or suppression of truth against Francis Peabody and Horatio R. Fletcher. The defendants demurred jointly and severally to the bill.
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Bill in equity, filed June 23,1896, in the Superior Court, against Francis Peabody, Thomas L. Nelson, and Horatio R. Fletcher, individually and as trustees of the Texas Pine Land Association, an unincorporated joint stock company. The bill makes no charges of bad faith or suppression of truth against Francis Peabody and Horatio R. Fletcher. The defendants demurred jointly and severally to the bill. Hearing before Richardson, J., who sustained the demurrers upon one ground assigned, namely, want of parties, and overruled them as to the other grounds; and, both parties having appealed, reported…
1Opinion of the CourtBarker, J.
The demurrers are upon the grounds that the plaintiff has not stated a case which entitles him to relief in equity, that he has a plain' and adequate remedy at law, that his bill is multifarious, and that proper parties are not before the court.
The first two grounds of demurrer were rightly overruled. If the plaintiff was induced by fraud to enter into contracts which upon discovery.of the fraud he has rescinded, he has an equitable right to recover the money which he paid, and to have the contracts into which he entered declared void. If, as he also alleges, his trustees have mismanaged for…
2Cases cited8 opinions
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- Price v. MinotMassachusetts Supreme Judicial Court · 1871
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- Keith v. KeithMassachusetts Supreme Judicial Court · 1887
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3Cited by16 opinions
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