Hawkes v. Lackey
Massachusetts Supreme Judicial Court
Two bills IN equity, the first filed in the Superior Court on January 28,1909, and amended on November 19, 1909, against William A. Lackey (hereinafter called the defendant) and the trustee under the will of one Mary A. Alley, seeking an accounting by the defendant Lackey as to certain business transactions carried on by him with and for the plaintiff, a transfer of certain securities which were alleged to belong to the plaintiff and wrongfully to have been retained by the…
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Two bills IN equity, the first filed in the Superior Court on January 28,1909, and amended on November 19, 1909, against William A. Lackey (hereinafter called the defendant) and the trustee under the will of one Mary A. Alley, seeking an accounting by the defendant Lackey as to certain business transactions carried on by him with and for the plaintiff, a transfer of certain securities which were alleged to belong to the plaintiff and wrongfully to have been retained by the defendant, the establishment of a debt due to the plaintiff from the defendant, and also to reach and apply in…
1Opinion of the CourtSheldon, J.
The first contention made by the defendant Lackey, hereinafter called the defendant, is that these bills ought to be dismissed by reáson of loches on the part of the plaintiff. That defense was not set up in the pleadings, and is not now open to the defendant as of right. Stewart v. Joyce, 201 Mass. 301. Nor, considering the character of the actions, and the facts found by the master, ought such a defense to be sustained. As to most of the transactions complained of, the delay in bringing suit has been largely due to the misplaced confidence reposed-in the defendant by the plaintiff and her…
2Cases cited21 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- American Circular Loom Co. v. WilsonMassachusetts Supreme Judicial Court · 1908
- Hayward v. LessonMassachusetts Supreme Judicial Court · 1900
- Hill v. HallMassachusetts Supreme Judicial Court · 1906
16 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Markell v. Sidney B. Pfeifer Foundation, Inc.Massachusetts Appeals Court · 1980
- Stetson v. FrenchMassachusetts Supreme Judicial Court · 1947
- Warsofsky v. ShermanMassachusetts Supreme Judicial Court · 1950
- Akin v. WarnerMassachusetts Supreme Judicial Court · 1945
- Shulkin v. ShulkinMassachusetts Supreme Judicial Court · 1938
52 more not listed; retrieve them via the Exa API.