Alexander v. McPeck
Massachusetts Supreme Judicial Court
Bill in equity, filed March 11,1903, by a former partner of the firm of McPeck and Company, stock and bond brokers in Boston, against Neal E. McPeck, the plaintiff’s former partner, and Hammond Braman, a new partner of McPeck, with other defendants, to compel the specific performance of an agreement under seal made by McPeck and Braman, alleged to be an agreement to assume and pay all debts and liabilities of the old firm, by discharging a judgment obtained against McPeck…
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Bill in equity, filed March 11,1903, by a former partner of the firm of McPeck and Company, stock and bond brokers in Boston, against Neal E. McPeck, the plaintiff’s former partner, and Hammond Braman, a new partner of McPeck, with other defendants, to compel the specific performance of an agreement under seal made by McPeck and Braman, alleged to be an agreement to assume and pay all debts and liabilities of the old firm, by discharging a judgment obtained against McPeck and the plaintiff, as partners of the firm of McPeck and Company, by one Mary Humphrey for $1,122.03 damages and $36.99…
1Opinion of the CourtHammond, J.
At the hearing on the merits the defence set up by Hammond Braman that the rights claimed by the plaintiff had been adjudicated against him in the receivership proceedings was abandoned; and there was no evidence that the instrument of February 5,1902, was procured by fraud or misrepresentation.
The case has two main branches, the first relating to the obligation assumed by Hammond Braman by the agreement of February 5, 1902, and the second relating to the question whether his interest in the trust funds under his father’s will can be reached and applied so far as necessary to the payment of…
2Cases cited17 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Furnas v. DurginMassachusetts Supreme Judicial Court · 1876
- Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
- Tapley v. GoodsellMassachusetts Supreme Judicial Court · 1877
- Cutter v. EvansMassachusetts Supreme Judicial Court · 1874
12 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Frost v. ThompsonMassachusetts Supreme Judicial Court · 1914
- Markham, etc v. FayCourt of Appeals for the First Circuit · 1996
- Clarke v. FayMassachusetts Supreme Judicial Court · 1910
- Forbes v. SnowMassachusetts Supreme Judicial Court · 1923
- Eastern Paper & Box Co. v. Herz Manufacturing Corp.Massachusetts Supreme Judicial Court · 1948
33 more not listed; retrieve them via the Exa API.