Legal Opinion

Taft v. Church

Massachusetts Supreme Judicial Court

Decided January 2, 1895PublishedCited by 16 opinions

Contract, against Herbert B. Church and Fred D. Goode, copartners under the name of Herbert B. Church and Company, upon the following agreement: “ Boston, October 5, 1892. Nathaniel E. Taft, Esq., North Oxford, Mass.

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Contract, against Herbert B. Church and Fred D. Goode, copartners under the name of Herbert B. Church and Company, upon the following agreement: “ Boston, October 5, 1892. Nathaniel E. Taft, Esq., North Oxford, Mass. In consideration of your advancing a certain sum of money to W. E. Ellis, and accepting from said Ellis bis promissory note, and accepting from said Ellis as collateral security for said note one hundred fifty-seven shares of the Burlington Electric Railway Company, we, the undersigned, hereby agree, if said above named note or any renewal thereof remains unpaid in whole or in…

1Opinion of the CourtLathrop, J.

1. So far as the defendant Goode is concerned, we are of opinion that there was no evidence at the trial below which warranted the presiding justice in finding against him. *532While it appeared that he and Church were in partnership doing a brokerage business, “ dealing in bonds and investments of that character,” and in the promotion of new companies, there was no evidence that a transaction like the one in question was within the scope of the partnership business. Nor was there any evidence that such a transaction was. a usual one with firms doing a business similar to that the defendants were…

2Cases cited5 opinions

  1. Merchants' Insurance Co. of Providence v. AbbottMassachusetts Supreme Judicial Court · 1881
  2. Smith v. CollinsMassachusetts Supreme Judicial Court · 1874
  3. Andrews v. Worcester, Nashua, & Rochester RailroadMassachusetts Supreme Judicial Court · 1893
  4. Downing v. CoyneMassachusetts Supreme Judicial Court · 1876
  5. Thayer v. WildMassachusetts Supreme Judicial Court · 1871

3Cited by16 opinions

  1. Beauvais v. Springfield Institution for SavingsMassachusetts Supreme Judicial Court · 1939
  2. Caswell v. Maplewood GarageSupreme Court of New Hampshire · 1930
  3. Lee v. BlodgetMassachusetts Supreme Judicial Court · 1913
  4. Voss v. SylvesterMassachusetts Supreme Judicial Court · 1909
  5. Nashua Savings Bank v. AbbottMassachusetts Supreme Judicial Court · 1902

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