Northrup v. Buffington
Massachusetts Supreme Judicial Court
Contract. The original declaration contained two counts, each for money had and received; and was amended by the addition of thirteen counts for the recovery of amounts paid on alleged purchases of stock, and of the profits resulting from the transactions. The case was referred to an auditor, who reported as follows: “ At the hearing, the plaintiff abandoned the first two counts, and proceeded to trial upon the remaining counts only.
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Contract. The original declaration contained two counts, each for money had and received; and was amended by the addition of thirteen counts for the recovery of amounts paid on alleged purchases of stock, and of the profits resulting from the transactions. The case was referred to an auditor, who reported as follows: “ At the hearing, the plaintiff abandoned the first two counts, and proceeded to trial upon the remaining counts only. “ The defendants, at the dates named in the declaration, were copartners, as alleged therein, in business at No. 4 State Street, Boston, as stockbrokers, doing a…
1Opinion of the CourtMorton, J.
The only evidence before the court and jury was the auditor’s report, and the ticket referred to in it. The auditor found that each transaction set out in the amended declaration, which was what the plaintiff relied on, was a wager upon the future market price of the particular stock alleged to have been purchased, that neither party expected to account for anything except the difference in the market prices, and that no stock was purchased, sold, or delivered, or was intended to be. The plaintiff contends, in substance, that since it appears from the report that the defendants were doing a…
2Cases cited1 opinion
- Harvey v. MerrillMassachusetts Supreme Judicial Court · 1889
3Cited by4 opinions
- Lyons v. CoeMassachusetts Supreme Judicial Court · 1901
- Savoy Finance Co. v. De BiaseMassachusetts Supreme Judicial Court · 1933
- Fuller v. LovellMassachusetts Supreme Judicial Court · 1939
- Gibney v. OlivetteMassachusetts Supreme Judicial Court · 1907