Legal Opinion

Thompson v. Brady

Massachusetts Supreme Judicial Court

Decided November 25, 1902PublishedCited by 3 opinions

Two ACTIONS by different plaintiffs against the same defendant under St. 1890, c. 437, § 2, (R. L. c. 99, § 4,) for margins paid on wagering contracts.

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Two ACTIONS by different plaintiffs against the same defendant under St. 1890, c. 437, § 2, (R. L. c. 99, § 4,) for margins paid on wagering contracts. Writs dated May 25,1901. In the Superior Court the cases were tried together before Sherman, J. The judge refused to order verdicts for the defendant, and the jury returned a verdict for the plaintiff in each case, in the first case in the sum of $944.35, and in the second case in the sum of $1,042.68. The defendant alleged exceptions.

1Opinion of the CourtHolmes, C. J.

These are actions to recover margins paid in wagering stock transactions. St. 1890, c. 437, § 2. (R. L. c. 99, § 4.) They were tried together and at the trial the defendant asked the court to direct a verdict in his favor, and excepted to the refusal. The only question before us is whether there was any evidence that the plaintiffs at the time of contract had no intention to perform the same by the actual receipt or delivery of the stock and payment of the price, and if they had not, that the defendant had reasonable cause to believe that no such intention existed. We do not perceive what…

2Cases cited1 opinion

  1. Suit v. WoodhallMassachusetts Supreme Judicial Court · 1873

3Cited by3 opinions

  1. Picard v. BeersMassachusetts Supreme Judicial Court · 1907
  2. Bendslev v. LovellMassachusetts Supreme Judicial Court · 1920
  3. Chandler v. PrinceMassachusetts Supreme Judicial Court · 1913

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