Legal Opinion

Reeve v. Dennett

Massachusetts Supreme Judicial Court

Decided July 1, 1887PublishedCited by 64 opinions

Contract, with counts in tort. The fourth and fifth counts, upon which alone the trial proceeded, were as follows: Fourth count.

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Contract, with counts in tort. The fourth and fifth counts, upon which alone the trial proceeded, were as follows: Fourth count. “ The plaintiff says that early in the year 1880 the defendant promoted, organized, and set up a bubble company, called the Dennett Dental Nabob Company; that said company was pretended to be organized under the laws of Connecticut, and was pretended by the defendant to have a capital of $1,000,000, fully paid up; that the defendant having offered to sell to the plaintiff six hundred shares of the capital stock of said corporation of the par value of $25 a share,…

1Opinion of the CourtHolmes, J.

The plaintiff’s evidence tended to show that the defendant’s invention was merely a mixture of ingredients, all of which had been used long before to allay the pain caused by filling teeth. But it did not stop at that point; it tended to show that the compound was worthless for the purpose for which it was intended to be used; for the testimony was, that the ingredients separately were of no use, and that the mixture was as bad or worse. To meet this last proposition, the defendant put on a number of his patients, who testified that the defendant’s operations upon their teeth, using his…

2Cases cited5 opinions

  1. Mullaly v. AustinMassachusetts Supreme Judicial Court · 1867
  2. Bales v. WeddleIndiana Supreme Court · 1860
  3. Cunningham v. KimballMassachusetts Supreme Judicial Court · 1810
  4. Dows v. SwettMassachusetts Supreme Judicial Court · 1879
  5. Packard v. PrattMassachusetts Supreme Judicial Court · 1874

3Cited by64 opinions

  1. United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
  2. American Civil Liberties Union v. BarnesCourt of Appeals for the Eleventh Circuit · 1999
  3. Carter v. Yardley & Co.Massachusetts Supreme Judicial Court · 1946
  4. ACLU of Georgia v. MillerCourt of Appeals for the Eleventh Circuit · 1999
  5. United States v. Garcia-RosaCourt of Appeals for the First Circuit · 1989

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