Dillaway v. Alden
Supreme Judicial Court of Maine
On report. This was an action of assumpsit on the defendant’s promissory note for $12,586.42, given at Boston, July 3, 1893, to the plaintiffs, Dillaway, Starr & Co., on six months.
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On report. This was an action of assumpsit on the defendant’s promissory note for $12,586.42, given at Boston, July 3, 1893, to the plaintiffs, Dillaway, Starr & Co., on six months. Plea, general issue, and the following brief statement of defense : "That the note described in the plaintiffs’ Avrit Avas given without consideration and is null and void ; that it was given by way of settlement and in consideration of contracts made by and between the plaintiffs and the defendant, by way of gaming and wagering, contrary to the form of the statute then and still in force (in the Commonwealth of…
1Opinion of the CourtEmery, J.
The material facts found by the court are these : The defendant had an intimate personal acquaintance with one Brown, a member of the firm of Francis B. Dana & Co., stockbrokers in Boston. March 29, 1892, the defendant turned over to this firm two hundred shares of St. Louis Southwestern Railway stock, and $2000 of Maine Central Railroad five per cent bonds. The stock was the residuum of some prior stock transactions with or through Brewster, Cobb & Estabrook, another brokerage firm in Boston. The Maine Central bonds *233had been deposited with this latter firm as collateral security for margins.…
2Cases cited4 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Bigelow v. . BenedictNew York Court of Appeals · 1877
- Hatch v. DouglasSupreme Court of Connecticut · 1880
- Barnes v. SmithMassachusetts Supreme Judicial Court · 1893
3Cited by2 opinions
- Martin v. Citizens BankSupreme Court of Georgia · 1933
- Wheeler v. Metropolitan Stock ExchangeSupreme Court of New Hampshire · 1903